Haltzel Furniture Co. v. Thompson

Citations

• 67 Pa. Super. 170
• 1917 Pa. Super. LEXIS 366

Syllabus

<p>Landlord and tenant — Replevin—Leased goods — Landlord’s warrant — Distress.</p> <p>Where the owner of furniture leased under a contract of bailment, issues a writ of replevin* to regain possession of the goods after default by the lessee, and the sheriff in executing the writ is notified by an agent of the landlord of 'the bailee that the goods were legally in possession of a constable who had distrained them at the instance of the agent, and the sheriff thereupon serves the agent and the constable and adds their name to the return, such ■action of the sheriff will not defeat a judgment on a verdict in favor of the owner of the goods, on the trial of the replevin, where there is evidence that the warrant exhibited to the sheriff was made after the goods had been seized by the sheriff,- and had been antedated and that the whole matter was a device to circumvent the effect of the replevin suit.</p> <p>In such a case the plaintiff in replevin, the owner of the goods, may show at the trial of the replevin suit that certain other goods of the tenant had been left on the premises at the time the writ of replevin was executed, and that the landlord had sold them. The amount received from such sale reduced the claim for rent pro tanto. The plaintiff was therefore entitled to have this amount considered if the case went against him.</p>