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1 Morgan Hinchman vs. Elisha S. Warne. In the District Court, for the City and County of Philadelphia. J. Term, 1848. No. 247 1849

handle is hein.trials/adle0001 and id is 1 raw text is: MORGAN oHINCHMAN, IN TIE DISTRICT COURT, Vs. ,MiADFI&MA. ELISHA S. WARNE. ) ,T. Term, 1848. No. 247. Tried before Judge THdy, Jaauary, 1849. Verdict (under the instruction, of do* urt,) for Defendant. This was an fiction for use and occupation of a dwelling house, &c., No. 73 Mashall street, in the county of Philadelphia. The narr. alleges that Elisha S. Warne,: on the .lst of May, 1348, was indebted to plaintiff in the sum of three hundred and fifteen dollars, for the use and occupation of a certain dweling, 'ic., and so bIn indebted, undertook and promised to pay, &'. Second count on a nuantum mereuit. - From the e0vdence, allowd..by' he Court. to:'be 7&,m,i(ne case,) appears as follows: ' : .' Plan to The plaintiff was the owner of the dwellgand premises No. 73 TestimonyfMarshall street Spring Garden, nte county of Phladelphi ; after ad wl. residing therein a number of years, be renoved to add -became perma- nently domiciled in the county of B cks, havingreied' this dwelling, . &c. to Mr. Henry J. Pepper, in the year 1844 . Testlnolmaof In July or Augds, of 1846, this house was put into the inds of it Mr. Wvoolston. Thos. L, Woolstor, a real estate brolkr, one branch f 'whose business was to find tenants for empty hou es; sai4 Woolston was employed to Tcstlmonyolet or rent the house. There is some d-fference m h tesimony as to ' Whether he reciv'ed' the key from the plaintff 'or frOm ,ir. Pepper, the fomer tiant; and also' to who Of tdyedM'r. Woolston to let to defendait. The genera! weght of the tesmtinuy- was, Mr. Woolston was at one time employed or authorized to find a tenant,'and'to let the hoirse, but not for the purppse of collcting the rep;, 1846, Aug. 4. Mr. Woolston did rent the piis s to :Mr. C.A. Walborn; Ahd Tstimonyof took possession, and the plaintiT, c eared to 'ec ev h m as.a .,nant ,ndMlllcr. in lieu of Mf. Pepper. ' ,h- 1846, August. This tenant, Mr. Walbof af rardd ~irgl to haye th ,ose a0BI t aken o' &s hi;n pphed (withot plan6i0fs knowo Jje) 00 ton, 'd 0eqesting.q sr. ,M Woo't, r, llbert~tt do t&.

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