Merchants' Trust Co. v. Potter
Superior Court of Pennsylvania
Appeal, No. 123, Oct. T., 1903, by defendant, from order of C. P. No. 2, Phila. Co., March T., 1902, No. 2260, dismissing exceptions to referee’s report in case of Merchants’ Trust Company, Assignee of Solomon Greenberg, v. Jacob F. Potter and the Equitable Trust Company. Exceptions to report of John C. Bell, Esq., referee. The facts are stated in the opinion of the Superior Court. JError assigned was in dismissing exceptions to report of referee.
1Opinion of the Court
Opinion by
Morrison, J.,
This action was brought upon a bond given by Jacob F. Potter and the Equitable Trust Company, defendants, to Solomon Greenberg, plaintiff’s assignor, in the sum of $2,500, conditioned for the faithful performance by said Potter of a certain agreement made with Greenberg.
The plaintiff’s statement alleges a breach of condition of the bond. The affidavit of defense denies the breach and issue was joined and the case referred to John C. Bell as referee. An examination of the findings of fact, conclusions of law and opinion of the learned referee convinces us of the…
2Cases cited5 opinions
- Allison v. KurtzSupreme Court of Pennsylvania · 1834
- Dwight v. EckertSupreme Court of Pennsylvania · 1888
- Templeton v. ShakleySupreme Court of Pennsylvania · 1884
- Merchants & Manufacturers National Bank v. Spratt, Johnston & Co.Supreme Court of Pennsylvania · 1885
- Wisecarver v. AdamsonSupreme Court of Pennsylvania · 1888