Teller & Co. v. American Railway Express Co.
Superior Court of Pennsylvania
Appeal, No. 139, Oct. T., 1921, by plaintiffs, from judgment of C. P. No. 1, Phila. Co., Dec. T., 1920, No. 8619, on question of law raised in an affidavit of defense in tbe case of Leopold H. Teller and Emanuel Zinn, trading as L. H. Teller & Company, v. American Railway Express Company, a corporation. Assumpsit to recover tbe value of five packages of dress goods delivered by a common carrier in disregard of plaintiffs’ notice of stoppage in transitu.
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Appeal, No. 139, Oct. T., 1921, by plaintiffs, from judgment of C. P. No. 1, Phila. Co., Dec. T., 1920, No. 8619, on question of law raised in an affidavit of defense in tbe case of Leopold H. Teller and Emanuel Zinn, trading as L. H. Teller & Company, v. American Railway Express Company, a corporation. Assumpsit to recover tbe value of five packages of dress goods delivered by a common carrier in disregard of plaintiffs’ notice of stoppage in transitu. Before Shoemaker, J. Tbe facts are stated in tbe opinion of tbe Superior Court. Tbe court, in banc, entered tbe following judgment and…
1Opinion of the Court
Opinion by
Keller, J.,
Defendant filed an affidavit of defense raising a question of law, under section 20 of the Practice Act of 1915, (P. L. 483), and the court below entered judgment for the defendant. To sustain the judgment it must appear that the averments in the plaintiffs’ statement, if proven on the trial, would not make out a case against the defendant and a compulsory nonsuit would have to be entered: Jackson v. Myers, 260 Pa. 488; Bovaird v. Barrett, 78 Pa. Superior Ct. 68.
From the statement it appears that the plaintiffs who are engaged in business in Philadelphia, on November 17,…
2Cases cited8 opinions
- Adams Express Company v. CroningerSupreme Court of the United States · 1912
- Toyota v. Territory of HawaiiSupreme Court of the United States · 1912
- Bovaird v. Barrett & SonSuperior Court of Pennsylvania · 1921
- Jackson v. MyersSupreme Court of Pennsylvania · 1918
- Hays v. Mouille & Co.Supreme Court of Pennsylvania · 1850
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