Legal Opinion

Gelber v. Western National Bank

Superior Court of Pennsylvania

Decided February 27, 1913No. Appeal, No. 148PublishedCited by 1 opinion

Appeal, No. 148, Oct. T., 1912, by James McGorrey, from judgment of C. P. No. 2, Philadelphia Co., June T., 1910, No. 300, on. verdict for William A. Gelber in case of William A. Gelber v. Western National Bank and James McGorrey. Assumpsit based upon an oral agreement of sale. The facts are stated in the opinion of the Superior Court. The^ court gave binding instructions for William A. Gelber. Verdict and judgment for William A. Gelber for $391. James McGorrey appealed.

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Appeal, No. 148, Oct. T., 1912, by James McGorrey, from judgment of C. P. No. 2, Philadelphia Co., June T., 1910, No. 300, on. verdict for William A. Gelber in case of William A. Gelber v. Western National Bank and James McGorrey. Assumpsit based upon an oral agreement of sale. The facts are stated in the opinion of the Superior Court. The^ court gave binding instructions for William A. Gelber. Verdict and judgment for William A. Gelber for $391. James McGorrey appealed. Errors assigned were refusal of various offers of evidence and in giving binding instructions for plaintiff.

1Opinion of the Court

Opinion by

Morrison, J.,

This ought to have been a very simple case to review on appeal, but the manner in which it has been handled by counsel and the court seems to require a lengthy statement of its history and facts before it can be intelligently decided.

Greenwald & Company had a wholesale liquor license at No. 719, Vine street, Philadelphia, and they had a lease of the premises. On March 29, 1910, the receiver in bankruptcy of said firm sold the right to the license and privilege of renewal and the lease and fixtures at public sale to William A. Gelber who is now plaintiff and appellee in…

2Cases cited7 opinions

  1. Clinch Valley Coal & Iron Co. ex rel. Grove v. WillingSupreme Court of Pennsylvania · 1897
  2. Juniata Building & Loan Ass'n v. HetzelSupreme Court of Pennsylvania · 1883
  3. Perkiomen Railroad v. BromerSupreme Court of Pennsylvania · 1907
  4. Diehl Manufacturing Co. v. Philadelphia Electric Co.Superior Court of Pennsylvania · 1912
  5. Sloss-Sheffield Steel & Iron Co. v. Tacony Iron Co.Superior Court of Pennsylvania · 1911

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3Cited by1 opinion

  1. Slavin v. SlavinSupreme Court of Pennsylvania · 1951

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