Legal Opinion

Lengert Co. v. Building & Loan Ass'n

Superior Court of Pennsylvania

Decided November 19, 1900No. Appeal, No. 98PublishedCited by 1 opinion

Appeal, No. 98, Oct. T., 1900, by plaintiff, in suit of the Lengert Company against the Bellevue Building & Loan Association and James H. McFarland, from judgment of C. P. No. 4, Phila. Co., Dec. T., 1898, No. 171, refusing to take off nonsuit. Opinion by W. W. Porter, J. Trespass against a landlord and his bailiff for unlawfully seizing property belonging to plaintiff.

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Appeal, No. 98, Oct. T., 1900, by plaintiff, in suit of the Lengert Company against the Bellevue Building & Loan Association and James H. McFarland, from judgment of C. P. No. 4, Phila. Co., Dec. T., 1898, No. 171, refusing to take off nonsuit. Opinion by W. W. Porter, J. Trespass against a landlord and his bailiff for unlawfully seizing property belonging to plaintiff. Before Arnold, P. J. It appears from the record that the plaintiff, the Lengert Company, brought an action in trespass against the appellees, the Bellevue Building and Loan Association and James H. McFarland, to recover the…

1Opinion of the Court

Opinion by

William W. Porter, J.,

The plaintiffs claim to be the owners of a certain moving van which they leased to one, Rohrbacher, The defendants *382seized, inter alia, the van under a distress for rent due them as landlords of the premises occupied by Rohrbacher. The distress was known to the plaintiffs before the sale of the van. They had time and opportunity to protect themselves. This is shown by the fact that a notice was sent, by their attorney, to the defendants, claiming ownership as against the distraint. It thus was the duty of the plaintiffs to bring replevin before the sale and in…

2Cases cited4 opinions

  1. Esterly Machine Co. v. SpencerSupreme Court of Pennsylvania · 1892
  2. Snyder v. BoringSuperior Court of Pennsylvania · 1897
  3. Furbush v. ChappellSupreme Court of Pennsylvania · 1884
  4. Bogert v. BattertonSuperior Court of Pennsylvania · 1898

3Cited by1 opinion

  1. Rudolph Wurlitzer Co. v. James, Pennsylvania Court of Common Pleas, Lawrence County1929

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