Sweeney v. Houston
Supreme Court of Pennsylvania
Appeal, No. 248, Oct. T., 1913, by plaintiff, from judgment of C: P. Allegheny Co., July T., 1912, No. 2827, for defendants on demurrer to statement in case, of Marcella C. Sweeney v. Samuel M. Houston and Andrew C. Houston. Assumpsit on a contract.
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Appeal, No. 248, Oct. T., 1913, by plaintiff, from judgment of C: P. Allegheny Co., July T., 1912, No. 2827, for defendants on demurrer to statement in case, of Marcella C. Sweeney v. Samuel M. Houston and Andrew C. Houston. Assumpsit on a contract. Plaintiff’s statement was as follows: Marcella C. Sweeney, of the City of Pittsburgh, plaintiff in the above-entitled case, brings this her action of assumpsit against Samuel M. Houston and Andrew C. Houston, defendants herein, upon a cause of action whereof the following is a statement: That on or about the first day of July, 1906, the estate of…
1Opinion of the Court
Opinion by
Mr. Justice Brown,
The judgment in favor of the defendants below was on their demurrer to the plaintiff’s statement. While no one of the five grounds of demurrer expressly raises the fundamental question of the right of the plaintiff to sue on an alleged contract to which she was not ,a party, counsel on both sides argued this appeal upon the assumption that the demurrer did raise that question. In sustaining it the court below gave no reason for its action, and we are, therefore, unable to tell from the record why plaintiff’s statement was deemed insufficient. ,We can only reiterate…
2Cases cited4 opinions
- Blymire v. BoistleSupreme Court of Pennsylvania · 1837
- Howes v. ScottSupreme Court of Pennsylvania · 1909
- Adams v. KuehnSupreme Court of Pennsylvania · 1888
- Delp v. Bartholomay Brewing Co.Supreme Court of Pennsylvania · 1888
3Cited by10 opinions
- Greene County v. Southern Surety Co.Supreme Court of Pennsylvania · 1927
- First Methodist Episcopal Church ex rel. Hall v. IsenbergSupreme Court of Pennsylvania · 1914
- Horstmann Co. v. WatermanWashington Supreme Court · 1918
- Tasin v. BastressSupreme Court of Pennsylvania · 1920
- School District v. New Amsterdam Casualty Co.Superior Court of Pennsylvania · 1929
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