Sefler v. Union Furniture Co.

Citations

• 36 Pa. Super. 636
• 1908 Pa. Super. LEXIS 220

Syllabus

<p>Landlord, and tenant — Levy—Goods leased to tenant — Wrongful removal of goods after levy.</p> <p>In an action by a landlord against a company leasing or selling goods on the installment plan, to recover damages for the wrongful removal of the goods by the defendant after they had been levied on by the plaintiff for rent, a verdict and judgment for the plaintiff will be sustained where the collecting agent of defendant saw the notice of the levy on the leased premises, communicated the fact to the secretary 'and treasurer of the company from whom he took his orders, and the latter told him to go ahead and remove the goods. In such a case it is no defense that the president and the chief executive officer of the defendant had neither authorized nor ratified the action of his subordinates.</p> <p>Landlord and tenant — Levy—Notice—Custom.</p> <p>Where a constable, acting not in his official capacity, but merely as bailiff of a landlord, posts a notice of a levy on household goods, the law raises no presumption either in favor of or against the regularity of the the notice.</p> <p>In an action to recover damages for the wrongful removal of a tenant’s household goods, as against a landlord’s levy for rent, the court will not assume that the levy was invalid because the constable in speaking of a • notice that he had posted, said that it was to run ten days before he could make an appraisement, when in fact the goods were removed about five or six days after the notice was posted.</p>