Funk v. Young
Supreme Court of Pennsylvania
Appeal, No. 58, Jan. T., 1913, by defendant, from judgment of C. P. No. 3, Philadelphia Oo., Dec. 'T., 1910, No. 4102, on verdict for plaintiff in case of Emil Funk v. Mahlon A. Young, who, with Frederick G. Emmott, was trading as Emmott Tea & Coffee Co. Assumpsit on a sealed judgment note. Before Ferguson, J. The opinion of the Supreme Court states the facts. Yerdict for plaintiff for $2,702.37, and judgment thereon. Defendant appealed.
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Appeal, No. 58, Jan. T., 1913, by defendant, from judgment of C. P. No. 3, Philadelphia Oo., Dec. 'T., 1910, No. 4102, on verdict for plaintiff in case of Emil Funk v. Mahlon A. Young, who, with Frederick G. Emmott, was trading as Emmott Tea & Coffee Co. Assumpsit on a sealed judgment note. Before Ferguson, J. The opinion of the Supreme Court states the facts. Yerdict for plaintiff for $2,702.37, and judgment thereon. Defendant appealed. Error assigned was the refusal of the court to enter judgment for defendant n. o. v.
1Opinion of the Court
Opinion by
Mr. Justice Mestrezat,
By virtue of warrants of attorney contained in two notes, dated respectively August 6, 1907, and November 16, 1907, bearing the signatures “Emmott Tea & Coffee Co. (L. S.) F. G. Emmott. (L. S.),” and payable to Emil Funk, a judgment was entered in his favor by the prothonotary on July 28, 1910, in the Court of Common Pleas No. 2, of Philadelphia County against “Frederick G. Emmott and Mahlon A. Young, trading as Emmott Tea & Coffee Co., and F. G. Emmott.” Mahlon A. Young, one of the defendants, presented two petitions to the court on September 23, 1910,…
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