Catawissa Railroad v. Philadelphia & Reading Railway Co.
Supreme Court of Pennsylvania
Appeal, No. 56, Jan. T., 1916, by defendant; from judgment of C. P. No. 4, Philadelphia Co., June T., 1915, No. 4842, for plaintiff for want of a sufficient affidavit of defense, in the case of Catawissa Railroad Company v. Philadel-' phia and Reading Raihvay Company. Assumpsit to recover money paid to defendant’s use under the terms of a lease. * Rule for judgment for want of a sufficient affidavit of defense. The opinion of the Supreme Court states the facts.
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Appeal, No. 56, Jan. T., 1916, by defendant; from judgment of C. P. No. 4, Philadelphia Co., June T., 1915, No. 4842, for plaintiff for want of a sufficient affidavit of defense, in the case of Catawissa Railroad Company v. Philadel-' phia and Reading Raihvay Company. Assumpsit to recover money paid to defendant’s use under the terms of a lease. * Rule for judgment for want of a sufficient affidavit of defense. The opinion of the Supreme Court states the facts. The court entered judgment for plaintiff for want of a sufficient affidavit of defense. Defendant appealed. Error assigned was in…
1Opinion of the Court
Opinion by
Mr. Chief Justice Brown,
This action, brought on a lease between the appellee and appellant, executed December 7,1896, is for the recovery of income tax paid by the lessor to the United States government. The following is the clause iu the lease under which the court below entered judgment against the lessee: “The Railway Company shall and will also punctually and faithfully pay all taxes, charges, and assessments which, during the continuance of the term hereby demised, shall be assessed or imposed under *271any existing or future law on the demised premises or any part thereof, or on…
2Cases cited1 opinion
- North Pennsylvania Railroad v. Philadelphia & Reading Railway Co.Supreme Court of Pennsylvania · 1915
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- Broad & Sansom Realty Co. v. Fidelity Building Corp.Supreme Court of Pennsylvania · 1927
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