Moderwell v. Mullison
Supreme Court of Pennsylvania
Error to the Common Pleas of Lancaster county. This was an action of assumpsit by A. P. Moderwell v. Reuben Mullison to recover above $40 which had been paid by him under the pressure of a levy under a landlord’s warrant issued by Mullison against Moderwell, under which a levy had been made on certain personal property of Moderwell.
Read the full summary
Error to the Common Pleas of Lancaster county. This was an action of assumpsit by A. P. Moderwell v. Reuben Mullison to recover above $40 which had been paid by him under the pressure of a levy under a landlord’s warrant issued by Mullison against Moderwell, under which a levy had been made on certain personal property of Moderwell. On 10th March, 1849, a written lease was made to Moderwell of a coalyard in Columbia, for one year from 15th March, 1849, at a rent of $175, payable in half-yearly payments. The lease was not set out in the paper-book, but it was stated by Collins that it was…
1Opinion of the Court
The opinion of the Court was delivered, by
Woodward, J.
— The general question of fact in this cause was, whether the plaintiff, Moderwell, rented the lot in question of the defendant Mullison, or of the firm of Mullison & Collins, of which the defendant was a member. The plaintiff, to establish a renting from the firm, relied on a written lease of 10th March, 1849, in the name of the firm to himself. The defendant proved his own and Moderwell’s declarations to the effect, that the leasing was by parol from Mullison alone. The plaintiff then offered to repel the presumptions arising from these…
2Cited by3 opinions
- Gasner v. PierceSupreme Court of Pennsylvania · 1926
- Thomson's EstateSupreme Court of Pennsylvania · 1893
- Nichols v. BurchamMichigan Supreme Court · 1913