Rosenberger v. Hallowell
Supreme Court of Pennsylvania
Error, to the District Court of Philadelphia. This was an action of trespass by John D. Rosenberger against Joseph T. Hallowell, William W. Hallowell, Henry Simpson, and Sarah Wistar, for levying on and selling the plaintiff’s goods under a distress for rent, in disregard of his claim for the benefit of the exemption law.
Read the full summary
Error, to the District Court of Philadelphia. This was an action of trespass by John D. Rosenberger against Joseph T. Hallowell, William W. Hallowell, Henry Simpson, and Sarah Wistar, for levying on and selling the plaintiff’s goods under a distress for rent, in disregard of his claim for the benefit of the exemption law. On the 1st April 1844, Sarah Wistar, by her attorney, Richard Wistar, leased to Josiah P. White a coal yard and office on Broad street, between Race and Vine streets, in Philadelphia, for the term of five years, at the yearly rent of $600, payable quarterly. The lease…
1Opinion of the Court
The opinion of the court was delivered by
Woodward, J.
The Crawfords held the demised premises, expressly subject to the condition in the original lease, that they would not assign their term, or sub-let the premises, without Wis-tar’s consent, and their assignment to Rosenberger was in violation of that condition. No subsequent assent of the landlord to the assignment, and no recognition by him of the sub-tenant, were proved. Neither the relation of landlord and tenant, nor of debtor and creditor, was established, therefore, between Wistar and Rosenberger. But if not a debtor for the rent, he…
2Cited by5 opinions
- The School District of Philadelphia v. E. Jones E. Jones v. The School District of PhiladelphiaCommonwealth Court of Pennsylvania · 2016
- Bogert v. BattertonSuperior Court of Pennsylvania · 1898
- Weidman v. RiekerSuperior Court of Pennsylvania · 1910
- Holland Furnace Co. v. Ealer, Pennsylvania Court of Common Pleas, Northampton County1933
- Swaney v. DoumontSuperior Court of Pennsylvania · 1910