Shand v. McCloskey
Superior Court of Pennsylvania
Appeal, No. 175, Oct. T., 1904, by defendant, from judgment of C. P. No. 4, Phila. Co., March T., 1901, No. 3058, on verdict for plaintiff in case of James Shand, Peter T. Watt and Charles A. Fondersmith v. James F. Mc-Closkey. Assumpsit against a surety for rent. Before Carr, J. The facts are stated in the opinion of the Superior Court.
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Appeal, No. 175, Oct. T., 1904, by defendant, from judgment of C. P. No. 4, Phila. Co., March T., 1901, No. 3058, on verdict for plaintiff in case of James Shand, Peter T. Watt and Charles A. Fondersmith v. James F. Mc-Closkey. Assumpsit against a surety for rent. Before Carr, J. The facts are stated in the opinion of the Superior Court. Verdict for plaintiff for $1,386.50, subject to question of law reserved: “ Whether there is anjr evidence which ought to be submitted to the jury on any fact essential to the defendant’s defense.” The court entered judgment on the verdict. Error assigned was…
1Opinion of the Court
Opinion by
Morrison, J.,
In this case verdict was entered for the plaintiff on May 4, 1904, for $1,386.50, subject to the point reserved : “ Whether there is any evidence which ought to be submitted to the jury on any fact essential to the defendant’s defense.” On June 7, 1904, the court filed an opinion and ordered judgment to be entered for the plaintiffs on the verdict. And the defendant appealed.
On August 22, 1899, the plaintiffs, by written lease, let to S. Edgar Trout, certain premises in Lancaster county, Pennsylvania, for a period of nine months from September 1,1899, and ending June 1,…
2Cases cited8 opinions
- Auer v. PennSupreme Court of Pennsylvania · 1882
- Lane v. NelsonSupreme Court of Pennsylvania · 1895
- Reeves v. McComeskeySupreme Court of Pennsylvania · 1895
- Dewey v. DupuySupreme Court of Pennsylvania · 1841
- Shackamaxon Bank v. YardSupreme Court of Pennsylvania · 1892
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