Rebold v. Kolb
Superior Court of Pennsylvania
Appeal, No. 244, Oct. T., 1916, by defendant, from judgment of Municipal Court, Philadelphia Co., Sept. T., 1915, No. 118, on verdict for plaintiff in case of John A. Eebold v. Louis J. Kolb. Trespass to recover damages for alleged unlawful distraint for rent. Before Knowles, J. The opinion of the Superior Court states the case. Verdict and judgment for plaintiff for $225. Defendant appealed.
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Appeal, No. 244, Oct. T., 1916, by defendant, from judgment of Municipal Court, Philadelphia Co., Sept. T., 1915, No. 118, on verdict for plaintiff in case of John A. Eebold v. Louis J. Kolb. Trespass to recover damages for alleged unlawful distraint for rent. Before Knowles, J. The opinion of the Superior Court states the case. Verdict and judgment for plaintiff for $225. Defendant appealed. Error assigned, amongst others, was in dismissing defendant’s motion for judgment n. o. v.
1Opinion of the Court
Opinion by
Williams, J.,
This was an action of trespass to recover the value of a motorcycle sold, under an alleged unlawful distraint for rent, while in possession of a tenant on consignment in a building under a lease which contemplated such a use.
The evidence being contradictory, the court submitted three questions for the determination of the jury, viz: (1) whether there was any rent due under the lease at the time the distraint was made; (2) whether the constable gave legal notice of the sale; and (3) whether the constable had knowledge that the motorcycle was on consignment. The jury…
2Cases cited1 opinion
- Brown v. StackhouseSupreme Court of Pennsylvania · 1893
3Cited by2 opinions
- Giles v. KolbSuperior Court of Pennsylvania · 1919
- Greif v. Drumbor-Bingell Co., Pennsylvania Court of Common Pleas, Northampton County1924