Barrett v. Bemelmans
Supreme Court of Pennsylvania
Barrett v. Bemelmans, 155 Pa. 204 (Pa. 1893)
26 A. 307; 1893 Pa. LEXIS 1223
Dean, McCollum, Mitchell, Pee, Thompson, Williams
Barrett v. Bemelmans
Opinion of the Court
An examination of the affidavit of defence fully vindicates the action of the court below. The trustee seems by the statement and affidavit to have been appointed by the joint act of six owners of the real estate from which the rent accrues. The plaintiff alleges a revocation on her part. It is impossible to anticipate the showing that may be made, or to determine in advance the character and legal effect of the alleged revocation; but as the affidavit denies its effect upon the lease, and the
The judgment is therefore affirmed.
Reference
- Full Case Name
- Barrett, Trustee, to use v. Bemelmans
- Cited By
- 1 case
- Status
- Published
- Syllabus
- Affidavit of defence—Rent—Revocation of trust. Several joint owners of a house and lot appointed one of their number a trustee to collect the rents and after paying expenses to divide the surplus among the owners. The trustee rented the premises to defendant for one year from Oct. 1,1890, with a privilege of renewal upon the same terms for a further period of one year. Prior to Oct. 1, 1891, the trustee renewed the lease. On Sept. 29, 1891, plaintiff by writing revoked the appointment of the trustee and notified defendant to pay plaintiff’s share of the rent to plaintiff herself. Defendant filed an affidavit of defence in which she averred that she had no notice that the trustee was not to lease and collect the rents prior to her renewal of the lease, that no notice had been given to her as provided in the lease, and that she had continued to pay the rent to the trustee. Held, that the affidavit was sufficient to prevent judgment.