McCreery v. Clafflin
Court of Appeals of Maryland
Appeal from the Superior Court of Baltimore City. This was an action of replevin brought on the 9th of February, 1871, by the appellees against the appellant, to recover certain bales of flannel, which he had dis-trained'for rent due him by Thomas Goodwin and James Oliver, trading as Goodwin, Oliver & Co., tenants of the premises where the goods were found.
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Appeal from the Superior Court of Baltimore City. This was an action of replevin brought on the 9th of February, 1871, by the appellees against the appellant, to recover certain bales of flannel, which he had dis-trained'for rent due him by Thomas Goodwin and James Oliver, trading as Goodwin, Oliver & Co., tenants of the premises where the goods were found. The defendant avowed the taking of the goods mentioned in the declaration, for rent in arrear, due him by the said Goodwin, Oliver & Co., for three-fourths of a year, for the premises where said goods were found. The plaintiffs pleaded to…
1Opinion of the CourtStewart, J.
The only question here, is, as to the extent of the landlord’s right to distrain upon the goods found upon the demised premises. Whether' in fact the merchandise sent to Goodwin, Oliver & Go., as factors, for sale, on account of the owners, the appellees, is exempt by law from the distress for rent due by the tenants, the factors, when they also sold goods at the same place, on their own account, and had no public sign that they were factors, and the landlord was a non-resident?
It was urged by the counsel for the appellees, that goods found upon the premises under such circumstances, were…
2Cases cited3 opinions
- Connah v. HaleNew York Supreme Court · 1840
- Brown v. SimsSupreme Court of Pennsylvania · 1828
- Trieber v. KnabeCourt of Appeals of Maryland · 1859
3Cited by5 opinions
- Universal CIT Credit Corporation v. Congressional Motors, Inc.Court of Appeals of Maryland · 1967
- Mercantile Realty Co. v. Allen Edmonds Shoe Corp.Court of Appeals of Kentucky (pre-1976) · 1936
- United States v. National Capital Storage & Moving Co.District Court, D. Maryland · 1967
- N. Z. Graves Co. v. SmithSuperior Court of Delaware · 1915
- Ehrman v. LymanBaltimore City Court · 1889