Tinware Manufacturing Co. v. Duff

Citations

• 15 Pa. Super. 383
• 1900 Pa. Super. LEXIS 362

Syllabus

<p>Landlord and tenant — Distress—Sale of goods consigned to tenant after notice of consignment — Trespass.</p> <p>Goods placed with a stranger on storage and goods consigned to a tenant as agent for their sale are not liable to distraint for the tenant’s rent; but where the landlord has pursued the provisions of the act of 1772 with precision, and such goods have in fact been sold in ignorance of their character and ownership, the landlord may not be held liable for trespass.</p> <p>If, however, before distress laid upon such goods the landlord has knowledge or notice of their character or ownership, or if he received such notice after the distress, and he proceeds with his distress and sale without allowing opportunity to the owner to assert title by replevin, the landlord is liable for damages in an action of trespass brought by the owner of such goods.</p> <p>Notice of distraint given to the tenant is no protection to a landlord who sells on a distress warrant after notice that the goods were held by the tenant on consignment.</p>