Fulton v. Miller
Supreme Court of Pennsylvania
Appeal, No. 85, Jan. T., 1916, by E. M. Lilley, from judgment of C. P. Fayette Co., June T., 1914, No. 472, on directed verdict for plaintiff in case of E. D. Fulton v. Mary A. Miller, Executrix, and W. A. Edmiston, Executor of the Estate of L. S. Miller, deceased, and E. M. Lilley. Assumpsit on promissory note. Before Van Swearingen, P. J.: The facts appear by the opinion of the Supreme Court.
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Appeal, No. 85, Jan. T., 1916, by E. M. Lilley, from judgment of C. P. Fayette Co., June T., 1914, No. 472, on directed verdict for plaintiff in case of E. D. Fulton v. Mary A. Miller, Executrix, and W. A. Edmiston, Executor of the Estate of L. S. Miller, deceased, and E. M. Lilley. Assumpsit on promissory note. Before Van Swearingen, P. J.: The facts appear by the opinion of the Supreme Court. Verdict for plaintiff for $5,789.75 by direction of the court and judgment thereon. ■ E. M. Lilley appealed. Error assigned, among others, was in affirming plaintiff’s point for binding instructions.
1Opinion of the Court
Opinion by
Mr. Justice Walling,
This suit is on a note that L. S. Miller, now deceased, and E. M. Lilley gave plaintiff in connection with the purchase by them through him of certain coal in lands located in Washington County, Pa., and seems to represent plaintiff’s commissions or profits on the. transaction. The note is as follows, viz:
“March 31,1900.
“Fifteen (15) months after date we promise to pay to the order of E. D. Fulton the sum of five thousand four hundred sixty-two and 03-100 ($5,462.03) dollars, with interest from April 1, 1900, with defalcation value received.
“The payment of this…
2Cases cited1 opinion
- Wiley v. Inhabitants of AtholMassachusetts Supreme Judicial Court · 1890
3Cited by2 opinions
- First Mortg. Co. of Pa. v. CarterSuperior Court of Pennsylvania · 1982
- Orner v. McCauleySupreme Court of Pennsylvania · 1922