Legal Opinion

Fidelity Trust Co. v. Kohn

Superior Court of Pennsylvania

Decided March 14, 1904No. Appeal, No. 121PublishedCited by 3 opinions

Appeal, No. 121, Oct. T., 1904, by defendants, from order of C. P. No. 1, Phila. Co., March T., 1904, No. 2147, discharging rule to open judgment in case of Fidelity Trust Company v. Herman Kohn and Simon H. Casper, trading as Kohn & Company. Rule to open judgment. The facts appear by the opinion of the Superior Court. Error assigned was the order discharging the rule.

1Opinion of the Court

Opinion by

Rice, P. J.,

An amicable action of ejectment and a confession of judgment therein were entered pursuant to a clause in a lease from the plaintiff to the defendants authorizing the lessor, at its option, to forthwith terminate the lease and take these proceedings, if the lessees should fail to comply with any of the covenants, terms or conditions thereof. The particular covenant alleged to have been violated was, that the lessees should not underlet the premises, or any part thereof, without the written consent of the lessor indorsed on the lease. The case is before us on the…

2Cases cited10 opinions

  1. Irvin v. Irvin, Pennsylvania Court of Common Pleas, Clearfield County1891
  2. Phillips v. MeilySupreme Court of Pennsylvania · 1884
  3. Union Storage Co. ex rel. Liverpool & London & Globe Insurance v. SpeckSupreme Court of Pennsylvania · 1899
  4. Wodock v. RobinsonSupreme Court of Pennsylvania · 1892
  5. Fuller v. LawSupreme Court of Pennsylvania · 1903

5 more not listed; retrieve them via the Exa API.

3Cited by3 opinions

  1. Armour v. United States Express Co.Superior Court of Pennsylvania · 1913
  2. Yinger v. YoungmanSuperior Court of Pennsylvania · 1906
  3. Vasilko v. Bongiorno, Pennsylvania Court of Common Pleas, Schuylkill County1922

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