Legal Opinion

Funk v. Young

Supreme Court of Pennsylvania

Decided July 1, 1916No. Appeal, No. 50PublishedCited by 5 opinions

Appeal, No. 50, Jan. T., 1916, by defendant, from judgment of C. P. No. 1, Philadelphia Co., June T., 1913, No. 596, on verdict for plaintiff, in case of Emil Funk v. Mahlon A. Young, who, with Frederick G. Emmott, was trading as Emmott Tea and Coffee Company. Assumpsit for money loaned. Before Shoemaker, J. The opinion of the Supreme Court states the facts. Verdict for plaintiff for $2,829.87 and judgment thereon.

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Appeal, No. 50, Jan. T., 1916, by defendant, from judgment of C. P. No. 1, Philadelphia Co., June T., 1913, No. 596, on verdict for plaintiff, in case of Emil Funk v. Mahlon A. Young, who, with Frederick G. Emmott, was trading as Emmott Tea and Coffee Company. Assumpsit for money loaned. Before Shoemaker, J. The opinion of the Supreme Court states the facts. Verdict for plaintiff for $2,829.87 and judgment thereon. Defendant appealed. „ Errors assigned were instructions to the jury and the refusal of defendant’s motion for judgment n. o. v.

1Opinion of the Court

Opinion by

Mr. Justice Potter,

This was an action of assumpsit by Emil Funk against Mahlon A. Young, who was a copartner with Frederick G. Emmott, trading as Emmott Tea & Coffee Company. In his statement of claim plaintiff averred that, between May 31, and November 16., 1907, at the request of Emmott, he loaned to the firm various sums of money aggregating |2,145, which had not been repaid to him, and for which he brought this suit. Defendant in his affidavit of defense denied that between the dates mentioned in the statement any partnership existed between himself and Emmott, and also denied…

2Cases cited10 opinions

  1. Packet Co. v. SicklesSupreme Court of the United States · 1867
  2. Coleman's AppealSupreme Court of Pennsylvania · 1869
  3. Pittsburg Construction Co. v. West Side Belt RailroadSupreme Court of Pennsylvania · 1909
  4. Hoskinson v. EliotSupreme Court of Pennsylvania · 1870
  5. Roney v. WestlakeSupreme Court of Pennsylvania · 1907

5 more not listed; retrieve them via the Exa API.

3Cited by5 opinions

  1. Thal v. KRAWITZSupreme Court of Pennsylvania · 1950
  2. Jamestown Banking Co. v. Conneaut Lake Dock & Dredge Co.Supreme Court of Pennsylvania · 1940
  3. Scharf v. Richard De Cou Co.Supreme Court of Pennsylvania · 1936
  4. Hassenplug v. Victor Lynn Lines, Inc.District Court, E.D. Pennsylvania · 1947
  5. Hanover Trust Co. v. Weaver, Pennsylvania Court of Common Pleas, Adams County1936

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