Phælon v. M'Bride
This text of 1 S.C.L. 170 (Phælon v. M'Bride) is published on Counsel Stack Legal Research, covering Pennsylvania Court of Common Pleas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
unanimously of opinion, that. the negro boy was not liable to be distrained; upon the principle that goods in the way of trade are exempted; and also, because indentures of apprenticeship are not, even in England, liable to distress. The case of Himely v. Wyatt, &c. was adjudged [171]*171upon wise and legal principles, and is much in point* In the opinion of the court, it would be hard and unreasonable, under those circumstances, to make the property of a third person liable for the default of a tenant; and that wherever there was a case so much against natural justice, the court would uniformly lean in favour of the just and reasonable side.
Verdict for plaintiff in replevin.
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1 S.C.L. 170, Counsel Stack Legal Research, https://law.counselstack.com/opinion/phlon-v-mbride-pactcompl-1791.