Harrop v. Lutz
Superior Court of Pennsylvania
Appeal, No. 89, Oct. T., 1912, by defendants, from order of C. P. No. 1, Pbila. Co., June Term, 1911, No. 2,092, making absolute rule for judgment for want of a sufficient affidavit of defense in case of C. T. Harrop and Joseph J. Cohen, Committee of Creditors of Golden & Ottinger, v. J. Edwards Lutz, Trustee under the will of Ignatius Lutz, deceased, and Otto Zimmerman. Replevin for goods distrained for rent. The facts are fully stated in the opinion of the Superior Court.
Read the full summary
Appeal, No. 89, Oct. T., 1912, by defendants, from order of C. P. No. 1, Pbila. Co., June Term, 1911, No. 2,092, making absolute rule for judgment for want of a sufficient affidavit of defense in case of C. T. Harrop and Joseph J. Cohen, Committee of Creditors of Golden & Ottinger, v. J. Edwards Lutz, Trustee under the will of Ignatius Lutz, deceased, and Otto Zimmerman. Replevin for goods distrained for rent. The facts are fully stated in the opinion of the Superior Court. Error assigned was order making absolute rule for judgment for want of a sufficient affidavit of defense.
1Opinion of the Court
Opinion by
Morrison, J.,
This suit arises under a written lease of a sfiore room, made June 8, 1909, for a term of three years, at $2,100 per annum, payable monthly in advance in payments of $175, the first payment to be made at the signing of the lease and each payment thereafter to be made on the tenth of each and every month during the term. The lease was between J. Edward Lutz, trustee, lessor, and Albert S. Golden and Daniel Oettinger, lessees. On May 16, 1910, the tenants being indebted to sundry persons and being unable to pay, made a bill of sale of the stock *198of materials in their store…
2Cases cited9 opinions
- Westmoreland N. Gas Co. v. DeWittSupreme Court of Pennsylvania · 1889
- Wills v. Manufacturers N. Gas Co.Supreme Court of Pennsylvania · 1889
- Bartley v. PhillipsSupreme Court of Pennsylvania · 1897
- Goodwin v. SharkeySupreme Court of Pennsylvania · 1875
- English v. YatesSupreme Court of Pennsylvania · 1903
4 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Moretti v. Zanfino Et Ux.Superior Court of Pennsylvania · 1937
- Gittlin v. SlovinacSuperior Court of Pennsylvania · 1928
- Shoop v. FeeSuperior Court of Pennsylvania · 1914
- Ferbro Trading Corp. v. Jo-Mar Dress Corp., Pennsylvania Court of Common Pleas, Lackawanna County1951
- Evaston v. Myers, Pennsylvania Court of Common Pleas, Lancaster County1928
2 more not listed; retrieve them via the Exa API.