Moody v. McTaggart
Superior Court of Pennsylvania
Appeal, No. 150, Oct. T., 1905, by' defendant, from, judgment of O. P. No. 4, Pbila. Co., March T.,. 1908, No. 1647, on verdict for plaintiff in case of Carlton F. Moody, trading as William F. Moody & Son, v. Hugh Mc-Taggart et al., trading as Bell Coal Company. Assumpsit on a contract for the sale of coke. The facts are stated in the opinion of the Superior Court. Verdict and judgment for plaintiff for 1442.23. Defendant appealed.
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Appeal, No. 150, Oct. T., 1905, by' defendant, from, judgment of O. P. No. 4, Pbila. Co., March T.,. 1908, No. 1647, on verdict for plaintiff in case of Carlton F. Moody, trading as William F. Moody & Son, v. Hugh Mc-Taggart et al., trading as Bell Coal Company. Assumpsit on a contract for the sale of coke. The facts are stated in the opinion of the Superior Court. Verdict and judgment for plaintiff for 1442.23. Defendant appealed. The verdict was rendered on May 16, 1905. Subsequently the defendant made the following motion : “ And now, May 31, 1905, the defendant by Smithers & Lank, its…
1Opinion of the Court
Opinion by
Beaver, J.,
The disputed facts in this case were all found by the jury against the defendants. The assignments of error, although two in number, really involve but a single question. The defendants at the trial asked for binding instructions, which request was denied. After the verdict they moved for judgment, non obstante veredicto, under the provisions of the Act of April 22, 1905, P. L. 286. The latter motion was also disallowed and judgment entered upon the verdict. The question, therefore, is, was there any evidence upon which the plaintiffs had a legal right to recover ?
The…
2Cases cited2 opinions
- Guillon v. EarnshawSupreme Court of Pennsylvania · 1895
- Hooper, Seving & Co. v. Bromley Bros. Carpet Co.Superior Court of Pennsylvania · 1899
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