Whiting & Co. v. Lake
Supreme Court of Pennsylvania
Error to the Court of Common Pleas, No. 1, of Allegheny county: Of October and November Term 1879, No. 4. Replevin by N. Whiting & Co. against Bennett Lake, bailiff of Mrs. Simpson, wife of Bishop Simpson, for certain goods levied on by Lake, for rent of a property on Penn street, Pittsburgh. The building is connected with another four-storied building, the upper rooms being reached by a staircase common to both houses. The two lower rooms are occupied as stores.
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Error to the Court of Common Pleas, No. 1, of Allegheny county: Of October and November Term 1879, No. 4. Replevin by N. Whiting & Co. against Bennett Lake, bailiff of Mrs. Simpson, wife of Bishop Simpson, for certain goods levied on by Lake, for rent of a property on Penn street, Pittsburgh. The building is connected with another four-storied building, the upper rooms being reached by a staircase common to both houses. The two lower rooms are occupied as stores. One of the buildings belongs to Mrs. Morrison, a sister of Mrs. Simpson, who had employed Dr. Pennington, as agent. Mrs. Simpson…
1Opinion of the CourtJustice Sterrett
The plaintiffs’ goods on the premises were distrained for three months’ rent, due April 1st 1875, under the lease from Bishop Simpson and wife to Henkle & Bro. No question was raised as to the amount of rent in arrear or the regularity of the proceedings, nor was it claimed that the goods were such as are exempt from distress in the interest of trade, &c.; but the contention, on the part of the plaintiffs, was that they were not liable to distress: 1st, Because the lease to Henkle & Brother, under which the rent accrued, having expired, and the relation of landlord and tenant as between them…
2Cases cited4 opinions
- Kessler v. M'ConachySupreme Court of Pennsylvania · 1829
- Clifford v. BeemsSupreme Court of Pennsylvania · 1834
- Beltzhoover v. WaltmanSupreme Court of Pennsylvania · 1841
- Price v. McCallisterSupreme Court of Pennsylvania · 1859
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- Davidsville First National Bank v. St. John's ChurchSupreme Court of Pennsylvania · 1929
- Cherniak v. Prudential Insurance Co. of AmericaSupreme Court of Pennsylvania · 1940
- Cohn & Goldberg Lbr. Co. v. RobbinsSupreme Court of Alabama · 1909
- Fee v. Adams Express Co.Superior Court of Pennsylvania · 1909
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