Yinger v. Youngman
Superior Court of Pennsylvania
Appeal, No. 1, March T., 1905, by plaintiff, from judgment of C. P. Lycoming Co., June T., 1903, No. 148, on verdict for defendant in case of William Yinger v. Samuel L. Young and Robert Mitchell. Replevin for goods distrained. Before Hart, P. J. The facts are stated in the opinion of the Superior Court.
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Appeal, No. 1, March T., 1905, by plaintiff, from judgment of C. P. Lycoming Co., June T., 1903, No. 148, on verdict for defendant in case of William Yinger v. Samuel L. Young and Robert Mitchell. Replevin for goods distrained. Before Hart, P. J. The facts are stated in the opinion of the Superior Court. The court charged in part as follows : [It appears that Mr. Lambert took possession of these premises, and some time in June following, by an arrangement between him and the plaintiff in this case, William Yinger, Mr. Yinger took possession of this property in the place, and stood in the…
1Opinion of the Court
Opinion by
Rice, P. J.,.
This was an action of replevin for goods distrained-in March, 1903, under a lease from Samuel Youngman to H. J. Lambert for the term of one year from April 1, 1902. Crediting the admitted payments the amount distrained for was in excess of the amount due under the terms of the lease. The right to distrain for this excess was claimed under the following agreement under seal between Youngman and Lambert indorsed on the back of the lease : “And now, October 22, 1902, I agree that the price required for heating my half of the large .storeroom, Nos. 336-338 Pine street, may…
2Cases cited10 opinions
- Thomas & Sons v. Loose, Seaman & Co.Supreme Court of Pennsylvania · 1886
- Wodock v. RobinsonSupreme Court of Pennsylvania · 1892
- Sutch's EstateSupreme Court of Pennsylvania · 1902
- Buckley's AppealSupreme Court of Pennsylvania · 1865
- Bartley v. PhillipsSupreme Court of Pennsylvania · 1895
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3Cited by1 opinion
- Gelber v. Western National BankSuperior Court of Pennsylvania · 1913