Curatolo v. Venafrana Beneficial Society St. Nicandro
Superior Court of Pennsylvania
Appeal, No. 29, Oct. T., 1918, by plaintiff, from judgment of C. P. No. 3, Philadelphia Co., Dec. T., 1916, No. 462, for defendant n. o. v. in case of James Curatolo v. Venafrana Beneficial Society St. Nicandro of Philadelphia. Assumpsit for commissions on sale of real estate. McMici-iael, P. J., filed the following opinion: This is a rule for judgment for defendant non obstante veredicto.
Read the full summary
Appeal, No. 29, Oct. T., 1918, by plaintiff, from judgment of C. P. No. 3, Philadelphia Co., Dec. T., 1916, No. 462, for defendant n. o. v. in case of James Curatolo v. Venafrana Beneficial Society St. Nicandro of Philadelphia. Assumpsit for commissions on sale of real estate. McMici-iael, P. J., filed the following opinion: This is a rule for judgment for defendant non obstante veredicto. At the trial of this case there was a point for charge presented on behalf of the defendant as follows: “Under all the evidence your verdict must be for the defendant.” This point was declined by the trial…
1Opinion of the Court
Per Curiam,
The plaintiff recovered a verdict, and after a hearing on a motion for judgment non obstante veredicto the judgment was entered in favor of the defendant. A careful examination of the testimony has convinced us that the case falls within the ruling of Earp v. Cummings, 54 Pa. 394, which has been followed in many cases in the Supreme, and in this court: Kifer v. Yoder, 198 Pa. 308; Speer v. Benedum Trees Oil Co., 239 Pa. 180; Groskin v. Moore, 249 Pa. 242; Barker v. Miller, 41 Pa. Superior Ct. 442, and cases noted in the opinion filed in the court below.
The conclusion reached by the…
2Cases cited5 opinions
- Earp v. CumminsSupreme Court of Pennsylvania · 1867
- Kifer v. YoderSupreme Court of Pennsylvania · 1901
- Groskin v. MooreSupreme Court of Pennsylvania · 1915
- Speer v. Benedum-Trees Oil Co.Supreme Court of Pennsylvania · 1913
- Barber v. MillerSuperior Court of Pennsylvania · 1909
3Cited by3 opinions
- Sowney v. BairSupreme Court of Pennsylvania · 1921
- Jacobs v. McKelveySuperior Court of Pennsylvania · 1937
- Martin v. GelbachSuperior Court of Pennsylvania · 1928