Burns v. Ross
Supreme Court of Pennsylvania
Appeal, No. 3, Jan. T., 1906, by defendant, from judgment of C. P. No. 2, Phila. Co., Dec. T., 1886, No. 313, on verdict for plaintiff in case of Frank Bums, surviving partner with Thomas Garrick, trading as Thomas Canicie and Company, v. Frank Ross, defendant, with notice to Harry J. Makiver, terre-tenant. Scire facias to revive judgment. Before Wiltbank, J. The facts are stated in the opinion of the Supreme Court. The court gave binding instructions for plaintiff.
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Appeal, No. 3, Jan. T., 1906, by defendant, from judgment of C. P. No. 2, Phila. Co., Dec. T., 1886, No. 313, on verdict for plaintiff in case of Frank Bums, surviving partner with Thomas Garrick, trading as Thomas Canicie and Company, v. Frank Ross, defendant, with notice to Harry J. Makiver, terre-tenant. Scire facias to revive judgment. Before Wiltbank, J. The facts are stated in the opinion of the Supreme Court. The court gave binding instructions for plaintiff. Verdict and judgment for plaintiff for |6,125. Defendant appealed. Error assigned was in giving binding instructions for…
1Opinion of the Court
Opinion by
Mr. Justice Bbown,
On February 1,1887, the firm of Thomas Carrick & Company, of which the appellee is the surviving member, entered a judgment against Frank Ross. The note on which it was entered had been given by Francis Ross, who signed his name to it “ Frank Ross.” At the time the judgment was entered Ross was the owner of the property purchased by the appellant from his heirs on March 14,1904. He had acquired title to it on February 21, 1868, from Thomas Hodgson, by a deed in which as the grantee he was named “Francis Ross.” He died September 23, 1899, on which date the judgment…
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