Howes v. McCrea
Superior Court of Pennsylvania
Appeal, No. 109, Oct. T., 1902, by plaintiffs, from order of C. P. No. 1, Phila. Co., Dec. T., 1899, No. 513,-refusing to take off nonsuit in case of William E. Howes and Edgar J. Howes, Copartners, trading as W. E. & E. J. Howes, to use of Percy T. Kneale, Assignee for creditors of W. E. & E. J. Howes, v. John McCrea. Assumpsit on an alleged promise to pay the debt of another.
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Appeal, No. 109, Oct. T., 1902, by plaintiffs, from order of C. P. No. 1, Phila. Co., Dec. T., 1899, No. 513,-refusing to take off nonsuit in case of William E. Howes and Edgar J. Howes, Copartners, trading as W. E. & E. J. Howes, to use of Percy T. Kneale, Assignee for creditors of W. E. & E. J. Howes, v. John McCrea. Assumpsit on an alleged promise to pay the debt of another. Plaintiff’s statement of claim was as follows : John McCrea, the defendant, is indebted to William E. Howes and Edgar J. Howes, copartners, trading as W. E. & E. J. Howes, to the use of Percy T. Kneale, assignee for…
1Opinion of the Court
Opinion by
William W. Porter, J.,
If the learned judge in the court below was right in holding that this action was based wholly upon an order given by Stabler on McCrea to the legal plaintiffs in this action, and that the offer of proof made was in support of a case so based, he was right in rejecting the offer and in entering a nonsuit, inasmuch as the order was not accepted in writing by McCrea, as required by the act of May 10, 1881. The appellants claim, however, that the action is not based upon the order. They call attention to the statement of claim which asserts the right to the sum of…
2Cases cited8 opinions
- Adams v. KuehnSupreme Court of Pennsylvania · 1888
- Delp v. Bartholomay Brewing Co.Supreme Court of Pennsylvania · 1888
- Maule v. BucknellSupreme Court of Pennsylvania · 1865
- Fehlinger v. WoodSupreme Court of Pennsylvania · 1890
- Justice v. TallmanSupreme Court of Pennsylvania · 1878
3 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- McAvoy & McMichael, Ltd. v. Commonwealth Title Insurance & Trust Co.Superior Court of Pennsylvania · 1905
- Potter v. City of CoatesvilleDistrict Court, E.D. Pennsylvania · 1922
- Riley v. KahanSuperior Court of Pennsylvania · 1917
- Croyle v. GuelichSuperior Court of Pennsylvania · 1908