First National Bank v. Gitt & Delone
Supreme Court of Pennsylvania
Appeal, No. 234, Jan. T., 1916, by plaintiff, from judgment of C. P. York Co., Jan. T., 1915, No. 106, refusing to take off compulsory nonsuit in case of First National Bank of Hanover, Pennsylvania, v. H. N. Gitt and Charles J. Delone, Trading and doing business as S. L. Johns Cigar Company. Assumpsit on two promissory notes. Before Boss, J. The facts appear by the opinion of the Supreme Court.
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Appeal, No. 234, Jan. T., 1916, by plaintiff, from judgment of C. P. York Co., Jan. T., 1915, No. 106, refusing to take off compulsory nonsuit in case of First National Bank of Hanover, Pennsylvania, v. H. N. Gitt and Charles J. Delone, Trading and doing business as S. L. Johns Cigar Company. Assumpsit on two promissory notes. Before Boss, J. The facts appear by the opinion of the Supreme Court. The lower court entered a compulsory nonsuit which it subsequently refused to take off. Plaintiff appealed. Error assigned, among others, was in refusing to take off nonsuit.
1Opinion of the Court
Opinion by
Mr. Justice Potter,
This is an appeal from the refusal of the court below to take off a judgment of compulsory nonsuit. The action was assumpsit brought to recover from the defendants, as partners, the amount of two certain promissory notes made by L. M. Long & Co. to .the order of S. L. Johns Cigar Company, and endorsed in that name by H. N. Gitt, and by H. N. Gitt personally. In plaintiff’s statement of claim it was averred that, on the dates of the notes in question, “H. N. Gitt and Charles J. Delone were copartners, trading and doing business under the name of S. L. Johns Cigar…
2Cases cited2 opinions
- Biddle v. AhlSupreme Court of Pennsylvania · 1889
- Taylor v. FriedSupreme Court of Pennsylvania · 1894
3Cited by2 opinions
- Bell v. JohnstonSupreme Court of Pennsylvania · 1924
- First National Bank of Hanover v. GittSupreme Court of Pennsylvania · 1925