McCahan v. Smith
Superior Court of Pennsylvania
Appeal, No. 97, Oct. T., 1898, by-defendant, from judgment of C. P. Huntingdon Co., Sept. T., 1897, No. 47, on verdict for plaintiff. Assumpsit. Before Bailey, P. J. It appears from tbe record and evidence that S. S. Smith and W. H. Smith, father and son, were partners doing business in Huntingdon previous to 1876, and from that time until January 28,1891, when the partnership was dissolved by the death of W. H. Smith, the son.
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Appeal, No. 97, Oct. T., 1898, by-defendant, from judgment of C. P. Huntingdon Co., Sept. T., 1897, No. 47, on verdict for plaintiff. Assumpsit. Before Bailey, P. J. It appears from tbe record and evidence that S. S. Smith and W. H. Smith, father and son, were partners doing business in Huntingdon previous to 1876, and from that time until January 28,1891, when the partnership was dissolved by the death of W. H. Smith, the son. On April 28,1876, an advertisement of the defendant’s business appeared in “ The Journal,” a weekly newspaper published in Huntingdon, Pa., marked “Apl. 28, 1876, Y. ”…
1Opinion of the Court
Opinion by
William W. Pouter, J.,
On April 28, 1876, and April 26, 1878, respectively, two advertisements were inserted in the Huntingdon Journal by the firm of S. S. Smith & Son. The publication of these seems to have been continued without alteration or interruption down to August 1, 1896. Meanwhile, the firm of S. S. Smith & Son was dissolved by the death of the son on January 22, 1891. The proprietor of the Journal died in 1896. Thereupon this suit *323was brought by the administrator of his estate for $1,993.33 for the publication of the advertisements. “ S. S. Smith, surviving partner of the…
2Cases cited6 opinions
- Houser v. IrvineSupreme Court of Pennsylvania · 1842
- Kauffman v. FisherSupreme Court of Pennsylvania · 1860
- Wilson & Sons v. Waugh, Jack & Co.Supreme Court of Pennsylvania · 1882
- Coleman v. FobesSupreme Court of Pennsylvania · 1853
- Stewart's AppealSupreme Court of Pennsylvania · 1884
1 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Metropolitan Edison Co. v. Pennsylvania Public Utility CommissionCommonwealth Court of Pennsylvania · 1981