Groetzinger v. Latimer
Pennsylvania Court of Common Pleas, Alleghany County
No. 245 October Term 1891, Sup. Ct.; court below, number and term not stated. To the first Monday of May, 1891, Edward Groetzinger brought assumpsit against Thomas M. Latimer, filing a statement of claim to recover five thousand dollars with interest-from March 1,1890, “ being for actual rent of premises known as Nos. 138 and 140 Federal street, and Nos. 45 and 46 South Diamond street, Allegheny City, Pennsylvania, under the terms and conditions of a certain lease, dated…
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No. 245 October Term 1891, Sup. Ct.; court below, number and term not stated. To the first Monday of May, 1891, Edward Groetzinger brought assumpsit against Thomas M. Latimer, filing a statement of claim to recover five thousand dollars with interest-from March 1,1890, “ being for actual rent of premises known as Nos. 138 and 140 Federal street, and Nos. 45 and 46 South Diamond street, Allegheny City, Pennsylvania, under the terms and conditions of a certain lease, dated November 25, 1887,, from the said Edward Groetzinger to Marshall & Anderson.” The statement averred, further, that on…
1Per curiam
The affidavit of defence does not deny the defendant’s liability for the use and occupation of the warehouse in question, *632but he attempts to set off damages caused by the plaintiff in having “ maliciously, illegally, and wrongfully” issued landlord’s warrants against him, seized his goods, and thereby injured his commercial credit. That the warrant was illegal was settled in Latimer v. Groetzinger, 139 Pa. 207. That case, however, has no further bearing upon this. The matters averred in the affidavit of defence cannot be set off in an action ex contractu, for the reason that they sound in…
2Cases cited4 opinions
- Ahl v. RhoadsSupreme Court of Pennsylvania · 1877
- Hunt v. GilmoreSupreme Court of Pennsylvania · 1868
- Latimer v. GroetzingerSupreme Court of Pennsylvania · 1891
- Nickle v. BaldwinSupreme Court of Pennsylvania · 1842
3Cited by9 opinions
- Bentz v. BarclaySupreme Court of Pennsylvania · 1928
- Rohrbach v. Travelers Indemnity Co.Supreme Court of Pennsylvania · 1923
- Anderson Equipment Co. v. FindleySupreme Court of Pennsylvania · 1944
- In re Becker Bros.District Court, M.D. Pennsylvania · 1905
- Bratspis v. KaplanSuperior Court of Pennsylvania · 1923
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