Myers v. Esery
Supreme Court of Pennsylvania
APPEAL BY PLAINTIFF FROM THE COURT OE COMMON PLEAS NO. 8 OE PHILADELPHIA COUNTY. No. 208 January Term 1890, Sup. Ct.; court below, No. 146 December Term 1888, C. P. No. 3. On November 17, 1888, Henry Myers brought replevin against Louis Esery and C. A. Esery, for certain furniture. Issue.
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APPEAL BY PLAINTIFF FROM THE COURT OE COMMON PLEAS NO. 8 OE PHILADELPHIA COUNTY. No. 208 January Term 1890, Sup. Ct.; court below, No. 146 December Term 1888, C. P. No. 3. On November 17, 1888, Henry Myers brought replevin against Louis Esery and C. A. Esery, for certain furniture. Issue. At the trial on October 23, 1889, by an agreement of the parties a special verdict was returned, subject to the opinion of the court on the question reserved “ whether the goods replevied by the sheriff were exempt from distress for rent as being goods left in the way of trade.” The special verdict showed…
1Per curiam
It was said by our late Brother Sharswood, in Howe Sewing-Machine Co. v. Sloan, 87 Pa. 438: “ The rule of the common law that the goods of a stranger on demised premises are subject to the distress of the landlord has yielded, and must continue to give way to the growing necessities of trade and *179business; ” and by Chief Justice Gibson, in Brown v. Sims, 17 S. & R. 138: “ There is little reason to doubt that the exceptions will, in the end, eat out the rule.” It was held in the case last cited that goods on storage were exempt, though the business of the tenant was not exclusively that of a…
2Cases cited3 opinions
- Karns v. McKinneySupreme Court of Pennsylvania · 1874
- Howe Sewing Machine Co. v. SloanSupreme Court of Pennsylvania · 1878
- Riddle v. WeldenSupreme Court of Pennsylvania · 1839
3Cited by9 opinions
- Derbyshire Bros. v. McManamySuperior Court of Pennsylvania · 1930
- May, Stern & Co. v. LintnerSuperior Court of Pennsylvania · 1917
- In re George Townsend Co.District Court, E.D. Pennsylvania · 1957
- Oliver v. WheelerSuperior Court of Pennsylvania · 1904
- Wanamaker & Brown v. CarterSuperior Court of Pennsylvania · 1903
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