Long v. Lebanon National Bank
Supreme Court of Pennsylvania
Appeal, No. 369, Jan. T., 1904, by plaintiff, from order of C. P. Lebanon Co., Sept. T., 1898, No. 5, refusing to take off nonsuit in case of Frank B. Long v. Lebanon National Bank. Assumpsit to recover damages for the alleged wrongful sale of plaintiff’s property. Before Ehrgood, P. J. The court entered a compulsory nonsuit whic'h it subsequently refused to take off. Error assigned was in refusing to take off nonsuit.
1Opinion of the Court
Opinion by
Mr. Justice Fell,
The single question presented by this appeal is whether in an action for damages for an alleged unlawful sale of the plaintiff’s property under a writ of execution issued on a confessed judgment a nonsuit was properly entered on the ground that the subject-matter of the controversy had been adjudicated in a proceeding to set aside the execution.
The plaintiff in this action was indebted to the defendant in the sum of $36,000 and gave it his judgment note for this amount, payable one day after date. On this note there was an indorsement signed by the maker to the…
2Cases cited2 opinions
- Rauwolf v. GlassSupreme Court of Pennsylvania · 1898
- Packer v. OwensSupreme Court of Pennsylvania · 1894
3Cited by15 opinions
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- Opening of ParkwaySupreme Court of Pennsylvania · 1920
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