Schmitt v. Cook
Superior Court of Pennsylvania
Appeal, No. 46, April T., 1916, by plaintiff, from order of C. P. Mercer Co., Jan. T., 1912, No. 147, making absolute rule to discontinue suit and enter judgment of non pros, in case of Y. J. Schmitt, Receiver of the Inter-State Lumber Co. v. John Cook and Harry B. Cook, doing business as John Cook & Son. Rule to discontinue suit and enter judgment of non pros. The opinion of the Superior Court states the case.
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Appeal, No. 46, April T., 1916, by plaintiff, from order of C. P. Mercer Co., Jan. T., 1912, No. 147, making absolute rule to discontinue suit and enter judgment of non pros, in case of Y. J. Schmitt, Receiver of the Inter-State Lumber Co. v. John Cook and Harry B. Cook, doing business as John Cook & Son. Rule to discontinue suit and enter judgment of non pros. The opinion of the Superior Court states the case. Error assigned was in making absolute rule to discontinue suit and enter judgment of non pros.
1Opinion of the Court
Opinion by
Trexler, J.,
The Inter-State Lumber Company in 1908 brought suit against the defendants and in November, 1913, the receiver of the company was substituted as plaintiff. After he had filed his statement of claim, the defendants presented a petition to the court alleging that W. A. Coleman, the secretary and treasurer of the lumber company had on January 11,1912, settled the suit with them and that they had paid him the sum of $200.00 and had obtained a receipt in full together with a paper authorizing the prothonotary to have the suit “satisfied upon the record.” This paper had never…
2Cases cited3 opinions
- Good v. Grit Publishing Co.Supreme Court of Pennsylvania · 1906
- Bruner v. FinleySupreme Court of Pennsylvania · 1905
- Bach v. BurkeSupreme Court of Pennsylvania · 1891
3Cited by1 opinion
- Sale v. Ambler (Emmett)Supreme Court of Pennsylvania · 1939