Shimer v. Penn Electric Smelting Corp.
Supreme Court of Pennsylvania
Appeal, No. 33, Jan. T., 1922, by defendants, from judgment of C. P. No. 1, Phila. Co., Dec. T., 1919, No. 20, on verdict for plaintiff, in case of Herbert M. Shimer v. Penn Electric Smelting Corporation, defendant, and Midvale Steel & Ordnance Co., garnishee. Foreign attachment on contract. Before Shoemaker, J. The opinion of the Supreme Court states the facts.
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Appeal, No. 33, Jan. T., 1922, by defendants, from judgment of C. P. No. 1, Phila. Co., Dec. T., 1919, No. 20, on verdict for plaintiff, in case of Herbert M. Shimer v. Penn Electric Smelting Corporation, defendant, and Midvale Steel & Ordnance Co., garnishee. Foreign attachment on contract. Before Shoemaker, J. The opinion of the Supreme Court states the facts. The letter referred to in the opinion is as follows: “165 Broadway, New York, April 8,1919. “Mr. H. M. Shimer, “c/o Penn Electric Smelting Corp., “19th. St. & Washington Ave., Philadelphia, Pa. “Dear Sir: “Confirming our conversation…
1Opinion of the Court
Opinion by
Mr. Justice Schaefer,
On September 12, 1918, plaintiff, Herbert M. Shimer, Shimer & Company, Incorporated, and Clements Batcheller entered into a written contract, in which it was recited that plaintiff was the owner and entitled to the possession of a factory property at 19th Street and Washington Avenue, in the City of Philadelphia, where he had conducted the business of smelting and refining metals; that Shimer & Company, Incorporated, was the owner of certain machinery in the building; and that Batcheller was acting as the representative of a corporation to be formed, to which…
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