Sener v. McCormick
Superior Court of Pennsylvania
Appeal, No. 187, Oct. T., 1899, by-plaintiff, from order of C. P. Clearfield Co., Dec T., 1894, No. 246, making absolute rules to rescind amendment and to enter nonsuit in case of W. Z. Sener v. C. S. McCormick. Assumpsit on two checks. Before Gordon, P. J. . Rule to rescind allowance of amendment and rule for compulsory nonsuit. At the trial on September 12, 1898, plaintiff moved to amend the statement.
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Appeal, No. 187, Oct. T., 1899, by-plaintiff, from order of C. P. Clearfield Co., Dec T., 1894, No. 246, making absolute rules to rescind amendment and to enter nonsuit in case of W. Z. Sener v. C. S. McCormick. Assumpsit on two checks. Before Gordon, P. J. . Rule to rescind allowance of amendment and rule for compulsory nonsuit. At the trial on September 12, 1898, plaintiff moved to amend the statement. Upon this motion being allowed the defendant pleaded surprise and a juror was withdrawn and the case continued ; thereupon the defendant obtained the two rules above mentioned. From the…
1Opinion of the Court
Opinion by
Beaver, J.,
It is not seriously contended, as we understand it, that the plaintiff was entitled to recover, under the statement originally filed, in which he sought to recover upon two checks: the first payable to the order of Bensinger, which showed no liability on the part of the defendant, which seems to have disappeared from the case entirely in the trial, and the second, although payable to the order of the defendant, was admitted by the statement to be the proceeds of a note upon which the plaintiff and defendant were joint indorsers, the note itself, as plaintiff expressly…
2Cases cited3 opinions
- Grier v. Northern Assurance Co.Supreme Court of Pennsylvania · 1898
- Reber's EstateSuperior Court of Pennsylvania · 1900
- Riley v. Prudential InsuranceSuperior Court of Pennsylvania · 1900