Cochran v. Cutter
Superior Court of Pennsylvania
Appeal, No. 168, April T., 1901, by defendants, from judgment of C. P. Crawford Co., Feb. T., 1900, No. Ill, on verdict for plaintiff in case of D. W. Cochran v. G. H. Cutter & Bro. Assumpsit for salary. Before Thomas, P. J. From the record it appeared that plaintiff claimed to recover the sum of §258.28 for services rendered under a written contract of employment.
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Appeal, No. 168, April T., 1901, by defendants, from judgment of C. P. Crawford Co., Feb. T., 1900, No. Ill, on verdict for plaintiff in case of D. W. Cochran v. G. H. Cutter & Bro. Assumpsit for salary. Before Thomas, P. J. From the record it appeared that plaintiff claimed to recover the sum of §258.28 for services rendered under a written contract of employment. It also appeared that plaintiff was indebted in the sum of about §400 to a firm composed of G. H. Cutter and Willard Cutter. At the time the suit was brought Gr. H. Cutter was dead, and a new firm composed of Willard Cutter and the…
1Opinion of the Court
Opinion by
Rice, P. J.,
The surviving partner of a firm composed of two persons engaged plaintiff, one of their customers who was indebted to them, to work for a new firm formed to carry on the business after the death of his copartner. The persons constituting the new firm were the surviYing partner, the widow and the sole heir of the deceased partner. May they set off plaintiff’s debt to the old firm against his claim against the new firm?
In Hibert v. Lang, 165 Pa. 439, Mr. Justice Mitchell after reviewing many of the earlier cases, summed them up as follows : “ The result of these cases is…
2Cases cited15 opinions
- Hibert v. LangSupreme Court of Pennsylvania · 1895
- Stroh v. UhrichSupreme Court of Pennsylvania · 1841
- Gilmore v. ReedSupreme Court of Pennsylvania · 1875
- Filbert v. HawkSupreme Court of Pennsylvania · 1839
- Hollister v. DavisSupreme Court of Pennsylvania · 1867
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3Cited by8 opinions
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- Willing v. BinenstockSupreme Court of the United States · 1937
- National Metal Edge Box Co. v. American Metal Edge Box Co.Supreme Court of Pennsylvania · 1914
- Binenstock v. WillingDistrict Court, E.D. Pennsylvania · 1936
- Hunter v. HenningSuperior Court of Pennsylvania · 1916
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