Rosenblatt v. Weinman
Supreme Court of Pennsylvania
Appeal, No. 309, Jan. T., 1910, by plaintiff, from order of C. P. No. 5, Phila. Co., March Term, 1910, No. 772, discharging rule for judgment for want of a sufficient affidavit of defense in case of Lizzie Rosenblatt to use of Benjamin Rosenblatt v. Harry Wein-man. Assumpsit on a contract of indemnity. The facts appear in the opinion of the Supreme Court.
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Appeal, No. 309, Jan. T., 1910, by plaintiff, from order of C. P. No. 5, Phila. Co., March Term, 1910, No. 772, discharging rule for judgment for want of a sufficient affidavit of defense in case of Lizzie Rosenblatt to use of Benjamin Rosenblatt v. Harry Wein-man. Assumpsit on a contract of indemnity. The facts appear in the opinion of the Supreme Court. Error assigned was order discharging rule for judgment for want of a sufficient affidavit of defense. cited: Plumly v. Plumly, 6 Pa. C. C. Rep. 72; McGough v. Jamison, 4 Penny. 154; Sigua Iron Co. v. Yandervort, 164 Pa. 572. cited: Vogt v.…
1Opinion of the Court
Opinion by
Mr. Justice Stewart,
The contract out of which this action arises was before us for consideration in Rosenblatt v. Weinman, 225 Pa. 200, the parties to that controversy being the same as here. We held it to be a contract of indemnity against loss in certain stocks and other securities in consideration of the privilege of sharing in expected profits; that no date having been fixed for the determination of the contract, it rested with either party to end it at his pleasure, providing good faith be observed. The only question in the former case was whether the plaintiff, who had…
2Cases cited3 opinions
- Chestnut Street National Bank v. EllisSupreme Court of Pennsylvania · 1894
- Diller v. BrubakerSupreme Court of Pennsylvania · 1866
- Rosenblatt v. WeinmanSupreme Court of Pennsylvania · 1909
3Cited by9 opinions
- Parry v. First National BankSupreme Court of Pennsylvania · 1921
- Pears v. ShannonSupreme Court of Pennsylvania · 1938
- Urling v. FinkCourt of Appeals for the Third Circuit · 1944
- A. G. Breitweiser Lumber Co. v. CrickSuperior Court of Pennsylvania · 1913
- Carroll v. SantamarieSuperior Court of Pennsylvania · 1928
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