Nazareth Foundry & Machine Co. v. Marshall Machinery & Supply Co.
Supreme Court of Pennsylvania
Appeal, No. 220, Jan. T., 1916, by plaintiff, from judgment of C. P. Northampton Co., July T., 1914, No. 29, on directed verdict for defendant, in case of Nazareth Foundry and Machine Company v. Marshall Machinery and Supply Company, Frank J. Marshall, William B. Marx and Josephine W. Marx. Assumpsit on a bond. Before McKeen, J. The opinion of the Supreme Court states the facts. Verdict for defendant by direction of the court and judgment thereon.
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Appeal, No. 220, Jan. T., 1916, by plaintiff, from judgment of C. P. Northampton Co., July T., 1914, No. 29, on directed verdict for defendant, in case of Nazareth Foundry and Machine Company v. Marshall Machinery and Supply Company, Frank J. Marshall, William B. Marx and Josephine W. Marx. Assumpsit on a bond. Before McKeen, J. The opinion of the Supreme Court states the facts. Verdict for defendant by direction of the court and judgment thereon. Plaintiff appealed. were in directing a verdict for defendant, in refusing to enter judgment for plaintiff n. o. v., answers to points and rulings…
1Opinion of the Court
Opinion by
Mr. Justice Mestrezat,
This is an action of assumpsit on a joint and several bond given to secure payment of the price of certain paper-making machines to be constructed by the plaintiff company for the Marshall Machinery & Supply Com*560pany, one of the defendants. It appears from the testimony that the Marshall Machinery & Supply Company owned certain: patents used in connection with the construction of a paper-making machine. The company was not engaged in the manufacture of the machines, but, as it received orders for the machines, had them constructed by other companies and shipped…
2Cases cited3 opinions
- Young v. American Bonding Co.Supreme Court of Pennsylvania · 1910
- Ghormley v. SmithSupreme Court of Pennsylvania · 1891
- Noble v. Cope's AdministratorsSupreme Court of Pennsylvania · 1865
3Cited by7 opinions
- Reliance Universal, Inc. v. Ernest Renda Contracting Co.Superior Court of Pennsylvania · 1982
- Thommen v. Aldine Trust Co.Supreme Court of Pennsylvania · 1930
- Can-Tex Industries v. Safeco Insurance Co. of AmericaDistrict Court, W.D. Pennsylvania · 1978
- North American Specialty Insurance v. Chichester School DistrictDistrict Court, E.D. Pennsylvania · 2001
- New Holland Dairies, Inc. v. Regent Dairy Products Corp.Superior Court of Pennsylvania · 1934
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