Legal Opinion

Goodwin v. Sharkey

Supreme Court of Pennsylvania

Decided November 26, 1875PublishedCited by 14 opinions

Error to the Court of Common Pleas of Grawford county: Of October and November Term 1875, No. 59. This was an action on the case, brought October 4th 1871, by Charles E. Goodman, assignee for the benefit of creditors of Moses Arnold, against Edward É. Sharkey and John II. Cortelyou.

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Error to the Court of Common Pleas of Grawford county: Of October and November Term 1875, No. 59. This was an action on the case, brought October 4th 1871, by Charles E. Goodman, assignee for the benefit of creditors of Moses Arnold, against Edward É. Sharkey and John II. Cortelyou. On the 4th of November 1872, the bankruptcy of Moses Arnold and the appointment of Charles E. Goodman and John McKellop as his assignees were suggested, and their names as such assignees entered of record as plaintiffs. On the 20th of February 1873, by leave of the court, the names of E. A. L. Roberts and John…

1Opinion of the Court

Judgment was entered in the Supreme Court,

2Per curiam

Upon the plaintiff’s own evidence on the trial in the court below, the defendants had a right to distrain. The whole rent for the term might have been made payable in advance, and there exists no reason why it might not be made payable at any time during the running of the lease, upon the happening of any contingency. The right of distress would immediately arise. By the terms of the lease the whole rent became due whenever the lessee should attempt to remove or manifest an intention to remove his goods and effects out of or off from the demised…

3Cited by14 opinions

  1. Platt, Barber & Co. v. JohnsonSupreme Court of Pennsylvania · 1895
  2. In re Pittsburg Drug Co.District Court, W.D. Pennsylvania · 1908
  3. In re DubleDistrict Court, M.D. Pennsylvania · 1902
  4. Moretti v. Zanfino Et Ux.Superior Court of Pennsylvania · 1937
  5. Brumbaugh v. FeldmanSuperior Court of Pennsylvania · 1911

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