Stewart v. F. A. North Co.

Citations

• 65 Pa. Super. 195
• 1916 Pa. Super. LEXIS 43

Syllabus

<p>Bailment — Lease of piano — Improper retalcing — Trespass vi et armis — Witness—Husband and wife.</p> <p>In an action of trespass against a piano company, the plaintiff is entitled to damages where it appears that the defendant -had leased to him a piano under a lease which gave it the right to retake the piano “by forcible possession, if necessary,” in case of default, and that the defendant, in the temporary absence of the plaintiff entered the house by breaking a window, opened a locked door at the rear of the house, and after removing the piano left the door open, so that thieves subsequently entered the house and took therefrom personal property belonging to the plaintiff.</p> <p>In such a case the wife of the plaintiff who had been divorced from her husband between the date of the trespass and the day of the trial, may testify on behalf of the defendant that the personal property alleged to have been taken, had been removed from the house long prior to the date of the trespass.</p> <p>'The disqualification which remains after the dissolution of the marital relation is restricted to communications of a confidential nature and does not embrace ordinary business transactions.</p>