Legal Opinion

Zullinger v. Grebe

Superior Court of Pennsylvania

Decided July 17, 1919No. Appeal, No. 218PublishedCited by 3 opinions

Appeal, No. 218, Oct. T., 1918, by plaintiff, from judgment of C. P. Lancaster Co., August T., 1916, No. 57, refusing to take off compulsory nonsuit in case of Charles F. Zullinger v. Ferdinand Grebe. Rule to strike off judgment of nonsuit. Before Hasslee, J. The facts are stated in the opinion of the Superior Court. The court refused to strike off the nonsuit. Plaintiff appealed. Error assigned was the order of the court.

1Opinion of the Court

Opinion by

Porter, J.,

The only assignment of error in this case refers to the refusal of the court below to take off the judgment of compulsory nonsuit. The plaintiff in his statement of claim averred that his cause of action was based on an instrument in writing of the following tenor: “Received, Lancaster, Pa., March 31, 1914, of Mr. Charles F. Zullinger, of York, Pa., four hundred dollars on account of the license money of Relay House granted to John W. Bishel, and to be transferred to the said Charles F. Zullinger for the fiscal year beginning April 1,1914”; he further averred that he had…

2Cases cited2 opinions

  1. Fritz v. HathawaySupreme Court of Pennsylvania · 1890
  2. Hale v. HaleSuperior Court of Pennsylvania · 1906

3Cited by3 opinions

  1. Di Cencio v. Di FilippoSuperior Court of Pennsylvania · 1923
  2. Manross v. Warr-Penn Refining Co., Pennsylvania Court of Common Pleas, Warren County1932
  3. Warfel v. Hemp, Pennsylvania Court of Common Pleas, Lancaster County1934

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