Italo-French Produce Co. v. Thomas
Superior Court of Pennsylvania
Appeal, No. 107, April T., 1906, by plaintiff, from judgment of C. P. Washington Co., Nov. T., 1905, No. 100, on verdict for defendant in case of Italo-French Produce Co. v. Katie Thomas. Issue to determine the validity of a judgment. Before Taylor, J. The facts are stated in the opinion of. the Superior Court. Verdict and judgment for plaintiff. Plaintiff appealed. Error assigned was answer to defendant’s point, quoted in the opinion of the Superior Court.
1Opinion of the Court
Opinion by
Head, J.,
J. W. Thomas, the' husband of the appellee, and one Spassino were partners in the mercantile business, and as such indebted to the appellant in the sum of $1,200, evidenced by a note. As a result of some arrangement, the exact character of which is a disputed question in the case, Spassino transferred his interest in the business to Thomas, who thus became sole owner. The firm note was taken up by the payment of $200 in cash and the giving to the appellant of a new note for $1,000, signed by J. W. Thomas and Katie Thomas, the appellee. The judgment confessed on this note…
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