Siegel v. Netherlands Co.

Citations

• 59 Pa. Super. 132
• 1915 Pa. Super. LEXIS 34

Syllabus

<p>Landlord and tenant — Fraudulent debtors’ attachment — Bulk Sales Act of March 28,1905, P. L. 62 — Trespass—Interpleader—Damages.</p> <p>1. Where a tenant of a leased store sells in bulk his stock of goods and delivers them to the purchaser at a time when he owes no rent to his landlord, the latter has no right to issue an attachment under the Fraudulent Debtors’ Act, and attach the goods in the hands of the purchaser on the ground that the purchaser and tenant had violated the Bulk Sales Act of March 28, 1905, P. L. 62, by failure on their part to notify the landlord of the sale.</p> <p>2. In such a case the purchaser of the goods may maintain an action of trespass against the landlord for abuse of civil process, without being required to prove malice and want of probable cause; and he can maintain such an action although he has intervened in interpleader proceedings to test the title to the goods, and such proceedings are undetermined when the trespass suit is tried.</p> <p>3. The measure of damages in such a case, is the expenses and loss the plaintiff has been put to in getting his property back, including any loss incurred by its seizure and detention.</p>