McNulty v. O'Donnell
Superior Court of Pennsylvania
Appeal, No. 184, Oct. T., 1904, by defendant, from order of C. P. Potter Co., June T., 1903, No. 284, refusing m.otion in arrest of judgment in case of Mike McNulty and Thomas Moran for use of Mike McNulty and John Mawn for use of Mike McNulty v. Thomas O’Donnell. Appeal from justice of the peace. The opinion of the Superior Court states the case. Error assigned was in refusing motion in arrest of judgment.
1Opinion of the Court
Obinion by
Porter, J.,
The record clearly establishes that the beneficial plaintiff, McNulty, seeks to recover in a single action, brought in the name of three legal plaintiffs, the damages alleged to have arisen from the nonperformance of three distinct and independent contracts, each one of which was entered into by the defendant with one of the legal plaintiffs, individually and severally. The defendant had entered into three several contracts for the pur*95chase of apples from McNulty, T. L. Moran and John Mawn, respectively, which contracts were wholly disconnected, the respective vendors…
2Cases cited1 opinion
- Lockhart v. PowerSupreme Court of Pennsylvania · 1834