Korson v. Nixon
Korson v. Nixon
Opinion of the Court
Opinion by
One exception to the common-law rule, that whatever goods and chattels the landlord finds upon the demised premises, whether they in fact belong to the tenant or a stranger, are distrainable by him for rent, is thus stated in Karns v. McKinney, 74 Pa. 387, which statement has been approved in many cases since: “Where the tenant in the course of his business is necessarily put in possession of the property of those with whom he deals, or of those who employ him, such property, although on the demised premises, is not liable to distress for rent due thereon from the tenant.” The true nature of the exception is seen by reference to some of the subjects to which it has been applied. They include, for example, goods of a third person, placed in the way of trade or storage in the warehouse of one who receives goods on storage; the goods of a guest at an inn, or of a boarder in a boarding house; grain sent to a miller to be ground; a horse left at a blacksmith shop to be shod; cattle intrusted to a farmer to agist; cloth left at a tailor’s to be made into clothing. In such and like cases the nature of the business of the tenant requires that he be put in possession of the goods of his employer or customer. But it would be an unwarranted extension of the exception, and of any authoritative statement of the principle upon which it rests, to hold that, if the landlord when leasing the premises knows the business the
The judgment is affirmed.
Reference
- Cited By
- 2 cases
- Status
- Published
- Syllabus
- Landlord and tenant—Bent—Distress—Moving picture parlor—Films and generator. Where a tenant in the course of his business is necessarily put in possession of the property of those with whom he deals, or of those who employ him, such property, although on the demised premises, is not hable to distress for rent; but this rule does not apply to picture films and a motion generator used by a tenant in carrying on the business of a moving picture parlor.