James Bonar & Co. v. South Penn Oil Co.
Superior Court of Pennsylvania
Appeal, No. 85, April T., 1911, by Harry S. McKinley, receiver, from order of C. P. No. 2, Allegheny Co., July T., 1905, No. 214, refusing to take off nonsuit in case of James Bonar & Company, Inc., v. South Penn Oil Company, garnishee of C. H. Bradley, Jr., trading as C. H. Bradley, Jr., & Co. Attachment execution. Before Haymaker, J. The facts are stated in the opinion of the Superior Court.
Read the full summary
Appeal, No. 85, April T., 1911, by Harry S. McKinley, receiver, from order of C. P. No. 2, Allegheny Co., July T., 1905, No. 214, refusing to take off nonsuit in case of James Bonar & Company, Inc., v. South Penn Oil Company, garnishee of C. H. Bradley, Jr., trading as C. H. Bradley, Jr., & Co. Attachment execution. Before Haymaker, J. The facts are stated in the opinion of the Superior Court. At the trial the court entered a compulsory nonsuit which it subsequently refused to take off. Error assigned was refusal to take off nonsuit.
1Opinion of the Court
Opinion by
Head, J.,
The plaintiff, having obtained a judgment against C. H. Bradley, Jr., & Co., sought to recover the amount thereof by attaching, in the hands of the South Penn Oil Company, certain moneys alleged to be by it due to the said judgment debtor. In response to interrogatories the garnishee filed an answer setting forth at length and in detail the transactions between it and the judgment debtor, as a result of which the plaintiff alleged there was still money due and owing to that debtor. The garnishee attached to its answer, as a part thereof, two certain contracts in writing…
2Cases cited2 opinions
- Hartman v. MeighanSupreme Court of Pennsylvania · 1895
- Lansdale Trust & Safe Deposit Co. v. SmithSuperior Court of Pennsylvania · 1902
3Cited by2 opinions
- Commonwealth Ex Rel. Truscott v. BinenstockSupreme Court of Pennsylvania · 1948
- Shaffer v. Hebenstreit (Et. Al.)Superior Court of Pennsylvania · 1935