134 Pa. 177 | Pa. | 1890
It was said by our late Brother Sharswood, in Howe Sewing-Machine Co. v. Sloan, 87 Pa. 438: “ The rule of the common law that the goods of a stranger on demised premises are subject to the distress of the landlord has yielded, and must continue to give way to the growing necessities of trade and
Applying this principle to the case in hand, we cannot say that the goods distrained come within it.- They were not necessarily on the premises for the purposes of trade, as in the familiar instances of the goods of a guest at a hotel, or of a boarder in a boarding house, or of grain sent to a mill, cloth in a tailor shop, or goods of a principal in the hands of a factor. It appears from the case stated that the property distrained was the furniture of a boarding house. It was not the furniture of a boarder, for that would have been exempt under the authority of Riddle v. Welden, supra; but it was furniture owned or in the use of the proprietor of the house. It was claimed, however, that it was only leased furniture, leased for the purpose of a boarding house, and as such within the exception. We are unable to take this view of it, and think the furniture was liable to the distress. It may be. that, as between Mrs. Parker and Mr. Myers, the furniture belonged to the latter under the agreement of June 6, 1888. But, as between Mrs. Parker and her landlord, the furniture belonged to her, and was liable to distress.
Judgment affirmed.