Bellas v. Fagely
Supreme Court of Pennsylvania
Error to the Common Pleas of Northumberland county. This was an action on the case by Hugh Bellas v. Reuben Eagely and William Eagely, trading under the firm of Eagely & Co. The writ was served on Reuben Eagely only. Defendant plead non assumpsit. The case was tried in November 1848, and verdict rendered for plaintiff for $199.50. On a writ of error the judgment was reversed: see a report of the case in 5 Karris.
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Error to the Common Pleas of Northumberland county. This was an action on the case by Hugh Bellas v. Reuben Eagely and William Eagely, trading under the firm of Eagely & Co. The writ was served on Reuben Eagely only. Defendant plead non assumpsit. The case was tried in November 1848, and verdict rendered for plaintiff for $199.50. On a writ of error the judgment was reversed: see a report of the case in 5 Karris. The plaintiff afterwards, with leave of Court, filed two new counts, in one of which it was alleged, that in the year 1843, a certain William H. Kase was a partner with the said…
1Opinion of the Court
The opinion of the Court, filed was delivered by
Woodward, J.
The writ in this case issued against Reuben & William Fagely, the former of whom alone was served. When the cause was here last year, it was treated as an action against one firm on a promise made by another firm, and it was ruled that an action would not lie against the Fagelys, because the evidence greatly preponderated in showing that the promise declared on was made in 1843 by the firm of Fagely, Kase & Co., and before the firm of Fagely & Co. was formed. In effect the decision made the non-joinder of Ease fatal to the…
2Cases cited1 opinion
- Hind v. HoldshipSupreme Court of Pennsylvania · 1833
3Cited by5 opinions
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- Einfeld v. ShermerSuperior Court of Pennsylvania · 1914
- Dahlstrom v. Taylor, Pennsylvania Court of Common Pleas, Lancaster County1926
- Miller v. KullesowiczSuperior Court of Pennsylvania · 1909
- National Theatre Supply Co. v. BermanPennylvania Municipal Court, Philadelphia County · 1931