Clothier v. Wolff
Superior Court of Pennsylvania
Appeal No. 360, Oct. T., 1915, by plaintiff, from judgment of C. P. No. 4, Philadelphia Co., Sept. T., 1912, No. 1446, for defendant n. o. v. in case of Morris L. Clothier, Frederic H. Strawbridge, Robert E. Strawbridge, Isaac H.N Clothier, Jr., and Francis B. Strawbridge, trading as Strawbridge & Clothier, v. Scott L. Wolff and Margaret Wolff, his wife. Assumpsit against husband and wife for family necessaries.
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Appeal No. 360, Oct. T., 1915, by plaintiff, from judgment of C. P. No. 4, Philadelphia Co., Sept. T., 1912, No. 1446, for defendant n. o. v. in case of Morris L. Clothier, Frederic H. Strawbridge, Robert E. Strawbridge, Isaac H.N Clothier, Jr., and Francis B. Strawbridge, trading as Strawbridge & Clothier, v. Scott L. Wolff and Margaret Wolff, his wife. Assumpsit against husband and wife for family necessaries. Before Finletter, J. At the trial the jury returned a verdict for plaintiffs for |95.53. Subsequently the court entered judgment for defendant n. o. v. Plaintiffs appealed. Error…
1Opinion of the Court
Opinion by
Williams, J.,
This action was brought upon a book account against the defendants to recover for goods sold and delivered. It appears that they are husband and wife, and that the husband had been discharged in bankruptcy.
The plaintiffs’ bookkeeper testified that the bills were sent in the name of Mrs. Wolff, but that he did not know to whom the credit was extended. It was admitted that the goods were family necessaries, and were purchased by Mrs. Wolff, but the plaintiffs failed to prove that she had undertaken to pay for them.
The court below, after directing a verdict for the…
2Cases cited5 opinions
- Moore v. CopleySupreme Court of Pennsylvania · 1895
- Berger v. ClarkSupreme Court of Pennsylvania · 1875
- Murray v. KeyesSupreme Court of Pennsylvania · 1860
- Parke v. Kleeber & BrotherSupreme Court of Pennsylvania · 1860
- Brouse v. OligerSuperior Court of Pennsylvania · 1908
3Cited by10 opinions
- Fulcomer v. Pennsylvania RailroadSuperior Court of Pennsylvania · 1940
- McCreery v. ScullySuperior Court of Pennsylvania · 1917
- Estate of Cora A. McGinnisSuperior Court of Pennsylvania · 1933
- Boggs and Buhl v. KamonsSuperior Court of Pennsylvania · 1933
- Kind v. BodekSuperior Court of Pennsylvania · 1917
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