Howe Sewing Machine Co. v. Sloan
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of Erie county: Of October and November Term 1878, No. 125. Replevin by the Howe Sewing Machine Company against S. S. Sloan for twelve sewing machines which the plaintiff had consigned to G. C. McKinley for sale, and .upon which defendant had distrained for rent due by said McKinley. Under the provisions of the Act of May 14th 1874, Pamph. L. 166, the case was referred to M. Crosby, Esq., as referee.
Read the full summary
Error to the Court of Common Pleas of Erie county: Of October and November Term 1878, No. 125. Replevin by the Howe Sewing Machine Company against S. S. Sloan for twelve sewing machines which the plaintiff had consigned to G. C. McKinley for sale, and .upon which defendant had distrained for rent due by said McKinley. Under the provisions of the Act of May 14th 1874, Pamph. L. 166, the case was referred to M. Crosby, Esq., as referee. He found, as facts, that McKinley, who was engaged in selling the machines of the plaintiff, had leased the premises for which the rent was due and on which the…
1Opinion of the CourtJustice Sharswood
The rule of the common law that the goods of a stranger on demised premises are subject to the distress of the landlord has yielded, and must continue to give way to the growing necessities of trade and business. As Chief Justice Gibson has said: “ There is little reason to doubt that the exceptions will, in the end, eat out the rule.” It is not a subject upon which it would be wise to draw refined distinctions. It was settled in Brown v. Sims, 17 S. & R. *441188, that goods on storage were exempt, though the business of the tenant was not exclusively that of a warehouseman. Certainly a man…
2Cited by12 opinions
- Brown v. StackhouseSupreme Court of Pennsylvania · 1893
- Myers v. EserySupreme Court of Pennsylvania · 1890
- Page v. MiddletonSupreme Court of Pennsylvania · 1888
- Mercantile Realty Co. v. Allen Edmonds Shoe Corp.Court of Appeals of Kentucky (pre-1976) · 1936
- Manufacturers' Finance Acceptance Corp. v. Jordan Distributors, Inc.Superior Court of Pennsylvania · 1933
7 more not listed; retrieve them via the Exa API.