Korson v. Nixon
Superior Court of Pennsylvania
Appeal, No. 119, Oct. T., 1910, from judgment of C. P. No. 4, Phila. Co., June T., 1909, No. 2,820, sustaining demurrer to statement of claim in case of Louis Korson et al., trading as Philadelphia Film Exchange, v. James H. Nixon, and George B. Wilson, landlord. Replevin for goods seized under a distress warrant. Demurrer to statement of claim.
Read the full summary
Appeal, No. 119, Oct. T., 1910, from judgment of C. P. No. 4, Phila. Co., June T., 1909, No. 2,820, sustaining demurrer to statement of claim in case of Louis Korson et al., trading as Philadelphia Film Exchange, v. James H. Nixon, and George B. Wilson, landlord. Replevin for goods seized under a distress warrant. Demurrer to statement of claim. From the record it appeared that the plaintiff leased films and generators to the Empire Amusement Company, a tenant of George B. Wilson at 1111 Market street, Philadelphia. The amusement company being in default for rent, certain films and generators…
1Opinion of the Court
Opinion by
Rice, P. J.,
One exception to the common-law rule, that whatever goods and chattels the landlord finds upon the demised premises, whether they in fact belong to the tenant or a stranger, are distrainable by him for rent, is thus stated in Karns v. McKinney, 74 Pa. 387, which statement has been approved in many cases since: “Where the tenant in the course of his business is necessarily put in possession of the property of those with whom he deals, or of those who employ him, such property, although on the demised premises, is not liable to distress for rent due thereon from the…
2Cases cited1 opinion
- Karns v. McKinneySupreme Court of Pennsylvania · 1874
3Cited by2 opinions
- Souders v. WilligSuperior Court of Pennsylvania · 1929
- Greif v. Drumbor-Bingell Co., Pennsylvania Court of Common Pleas, Northampton County1924