Quinn v. Wallace
Supreme Court of Pennsylvania
Error to the District Court for the City and County of Philadelphia. An action of replevin was brought in that court by William Quinn against Richard Willing and William Wallace, to which Willing avowed for rent in arrear, and Wallace made cognizance as his bailiff. Replication, no rent in arrear. On the trial before Stroud, J., the plaintiff gave in evidence the following notice of the taking of the goods: «Richard Willing Samuel Collins. ) Landlord's warrant.
Read the full summary
Error to the District Court for the City and County of Philadelphia. An action of replevin was brought in that court by William Quinn against Richard Willing and William Wallace, to which Willing avowed for rent in arrear, and Wallace made cognizance as his bailiff. Replication, no rent in arrear. On the trial before Stroud, J., the plaintiff gave in evidence the following notice of the taking of the goods: «Richard Willing Samuel Collins. ) Landlord's warrant. Rent due Jarfy 1. 1885. *1125. Levy made Jan’y 8, 1835.- (Here follows an inventory of the goods distrained.) This is made in…
1Opinion of the CourtKennedy, J.
The first error is an exception to the opinion of the court, rejecting the receipt proved to have been given and signed by Samuel Collins for rent, thereby acknowledged to have been paid to him up to the first of January, 1835. Had the receipt been given by R. Willing, the lessor of Collins, or had evidence been given, showing that Collins was authorised by Willing to receive the rent for him, the receipt would have been admissible evidence. But without this it does not appear to have been admissible in this action as against Willing or Wallace his bailiff, even to prove the fact that the…
2Cases cited2 opinions
- President, Directors, & Co. of Newburgh & Cochecton Turnpike Road v. MillerNew York Court of Chancery · 1821
- Little v. Lessee of DelanceySupreme Court of Pennsylvania · 1812
3Cited by11 opinions
- Everett v. NeffCourt of Appeals of Maryland · 1868
- Richards v. McGrathSupreme Court of Pennsylvania · 1882
- Bernstein v. ColletrisSuperior Court of Pennsylvania · 1930
- Wyke v. WilsonSupreme Court of Pennsylvania · 1896
- Jimison v. ReifsneiderSupreme Court of Pennsylvania · 1881
6 more not listed; retrieve them via the Exa API.