Barrett v. Bemelmans
Supreme Court of Pennsylvania
Appeal, No. 205, Jan. T., 1893, by plaintiff, Simmons H. Barrett, trustee, to use of Charles Bennett, and Rebecca S. Bennett, his wife, in right of said wife, from order of C. P. No. 1, Phila. Co., March T., 1892, No. 412, in favor of defendant, E. 0. Bemelmans, discharging rule for judgment for want of sufficient affidavit of defence. Rule for judgment for want of sufficient affidavit of defence in assumpsit for rent.
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Appeal, No. 205, Jan. T., 1893, by plaintiff, Simmons H. Barrett, trustee, to use of Charles Bennett, and Rebecca S. Bennett, his wife, in right of said wife, from order of C. P. No. 1, Phila. Co., March T., 1892, No. 412, in favor of defendant, E. 0. Bemelmans, discharging rule for judgment for want of sufficient affidavit of defence. Rule for judgment for want of sufficient affidavit of defence in assumpsit for rent. Plaintiff’s statement was as follows : “ On or about Sept. 16, 1890, the plaintiff, along with the other five owners of the house, No. 1704 Wallace street, Philadelphia,…
1Opinion of the Court
Pee Curiam,
An examination of the affidavit of defence fully vindicates the action of the court below. The trustee seems by the statement and affidavit to have been appointed by the joint act of six owners of the real estate from which the rent accrues. The plaintiff alleges a revocation on her part. It is impossible to anticipate the showing that may be made, or to determine in advance the character and legal effect of the alleged revocation; but as the affidavit denies its effect upon the lease, and the *208powers of the trustee, and alleges payment in full to him of the rent now demanded, the…
2Cited by1 opinion
- Barrett ex rel. Bennett v. BemelmansSupreme Court of Pennsylvania · 1894