Tinware Manufacturing Co. v. Duff
Superior Court of Pennsylvania
Appeal, No. 138, April T., 1900, by defendants, in suit of the Toledo Tinware Manufacturing Company against R. P. Duff and Edward A. Kitzmiller, partners as P. Duff & Sons, and John Sweeney, from judgment of C. P. No. 3, Allegheny Co., Aug. T., 1898, No. 525, on verdict for plaintiff. Opinion by W. W. Pobteb, J. Trespass claiming damages in the sum of $609 for the selling on a landlord’s warrant of goods averred to have been placed with a tenant for sale on commission.
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Appeal, No. 138, April T., 1900, by defendants, in suit of the Toledo Tinware Manufacturing Company against R. P. Duff and Edward A. Kitzmiller, partners as P. Duff & Sons, and John Sweeney, from judgment of C. P. No. 3, Allegheny Co., Aug. T., 1898, No. 525, on verdict for plaintiff. Opinion by W. W. Pobteb, J. Trespass claiming damages in the sum of $609 for the selling on a landlord’s warrant of goods averred to have been placed with a tenant for sale on commission. Before Evans, J. It appears from the record and evidence that Duff & Sons, defendants, leased certain premises to John Wilson…
1Opinion of the Court
Opinion by
William W. Portee., J.,
The common-law rule that all goods upon demised premises are liable to distraint for rent, still obtains in Pennsylvania although, as prophesied by Chief Justice Gibson, in Brown v. Sims, 17 S. & R. 138, it has in some measure been “eaten out” by exceptions. Thus, it has been held that goods placed by a stranger with the tenant on storage and goods consigned to the tenant as agent for tbeir sale, are not liable to sale under dis*387tress for rent: Brown v. Sims, supra; Karns v. McKinney, 74 Pa. 387; Howe Sewing Machine Co. v. Sloan, 87 Pa. 438; Page v. Middleton,…
2Cases cited7 opinions
- Karns v. McKinneySupreme Court of Pennsylvania · 1874
- Esterly Machine Co. v. SpencerSupreme Court of Pennsylvania · 1892
- Brown v. StackhouseSupreme Court of Pennsylvania · 1893
- Howe Sewing Machine Co. v. SloanSupreme Court of Pennsylvania · 1878
- Briggs v. LargeSupreme Court of Pennsylvania · 1858
2 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Manegold v. QuinnSuperior Court of Pennsylvania · 1911
- Wanamaker & Brown v. CarterSuperior Court of Pennsylvania · 1903
- Baldwin Piano Co. v. Moyer, Pennsylvania Court of Common Pleas, Schuylkill County1925