Grant v. Gill
Supreme Court of Pennsylvania
This was a writ of error to the District Court for the City and County of Philadelphia, to remove the record of an action on the case brought by John Gill, jr., against Samuel Grant and Dexter Stone, assignees of Joseph and William Seaver.
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This was a writ of error to the District Court for the City and County of Philadelphia, to remove the record of an action on the case brought by John Gill, jr., against Samuel Grant and Dexter Stone, assignees of Joseph and William Seaver. The plaintiff declared in assumpsit for the use and occupation of a certain warehouse in the city of Philadelphia, for one quarter, viz : from the first day of July to the first day of October, 1832. On the trial before Pettit, President, it appeared that sometime about the 1st of January, 1830, Joseph and William Seaver made a parol agreement with the…
1Opinion of the Court
The opinion of the Court was delivered by
Sergeant, J.
The first error assigned is, that the court below did not state that as the declaration was for use and occupation by the defendants below, from the 1st of July to the 1st of Oct. 1832, and the evidence of the plaintiff proved that there was no such occupation, therefore the plaintiff could not recover. In this point the defendants take it for granted that there was no occupation by them of the premises during the quarter in dispute. But it is not necessary in order to render the defendants liable in assumpsit for use and occupation, that…
2Cases cited1 opinion
- M'Gunnagle v. ThorntonSupreme Court of Pennsylvania · 1823