Martin v. Inter-State Lumber Co.
Supreme Court of Pennsylvania
Appeal, No. 98, Oct. T., 1917, by plaintiff, from final order of C. P. Allegheny Co., Dec. T., 1911, No. 586, refusing to take off nonsuit, in case of J. R. Martin v. Inter-State Lumber Company, a corporation. Rule to open judgment entered for want of an appearance.
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Appeal, No. 98, Oct. T., 1917, by plaintiff, from final order of C. P. Allegheny Co., Dec. T., 1911, No. 586, refusing to take off nonsuit, in case of J. R. Martin v. Inter-State Lumber Company, a corporation. Rule to open judgment entered for want of an appearance. Prom the record it appeared that the Inter-State Lumber Company was an association of retail lumber dealers, organized by W. A. Coleman, for the purpose of buying lumber at wholesale and selling it to stockholders at cost. In 1912, Coleman, as treasurer, executed and delivered to M. Lee Gailey & Company, a wholesale lumber dealer,…
1Opinion of the Court
Per CuriaM,
We are not convinced that, under the peculiar facts of this case, the learned court below abused its discretion in opening the judgment entered against the defendant company on the application of its receiver and permitting him to defend the action in a trial before the court and a jury which resulted in a judgment in his favor. The learned court was also right in refusing to take off the nonsuit, entered at the trial, as appears by his opinion subsequently filed.
The judgment is affirmed.
2Cited by3 opinions
- Krall v. Lebanon Valley Savings & Loan Ass'nSupreme Court of Pennsylvania · 1923
- Hamaker v. Fulton Farmers' Ass'nSupreme Court of Pennsylvania · 1921
- West Side Bank v. Beaver Valley Coal Co., Pennsylvania Court of Common Pleas, Luzerne County1927