Berkowitz v. Palruba Mfg. Co.
Superior Court of Pennsylvania
Appeal, No. 101, Oct. T., 1917, by plaintiff, from judgment of Municipal Court, Philadelphia Co., June T., 1916, No. 369, for defendant on case tried by the court without a jury in suit of William F. Berkowitz, Guardian of Jacob Lindenbaum, a minor, v. Palruba Mfg. Co. and Louise Lindenbaum. Issue in interpleader framed under the Act of May 26, 1897, P. L. 95. Before Crane, J., without a jury.
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Appeal, No. 101, Oct. T., 1917, by plaintiff, from judgment of Municipal Court, Philadelphia Co., June T., 1916, No. 369, for defendant on case tried by the court without a jury in suit of William F. Berkowitz, Guardian of Jacob Lindenbaum, a minor, v. Palruba Mfg. Co. and Louise Lindenbaum. Issue in interpleader framed under the Act of May 26, 1897, P. L. 95. Before Crane, J., without a jury. At the trial the only witness was the claimant who was a son of Louis Lindenbaum, the defendant in the execution. The testimony of the plaintiff is summarized in the opinion of the Superior Court. Error…
1Opinion of the Court
Opinion by
Kebi-iart, J.,
We said in Robinson v. Wallace, 65 Pa. Superior Ct. 54, that when a case is tried by a judge of the Municipal Court of Philadelphia without a jury, “and the plaintiff’s case depends upon oral testimony, and no requests are presented for findings of fact or conclusions of law, a general finding for the defendant, if it is responsive to the issue presented by the pleadings has the force of the general verdict of a jury; and if the court subsequently mates an order dismissing plaintiff’s motion for judgment non obstante veredicto, the appellate court will not reverse such…
2Cases cited5 opinions
- Lonzer v. Lehigh Valley RailroadSupreme Court of Pennsylvania · 1900
- Walters v. American Bridge Co.Supreme Court of Pennsylvania · 1912
- Herring v. WeinrothSuperior Court of Pennsylvania · 1915
- Robinson v. WallaceSuperior Court of Pennsylvania · 1916
- Macneir v. WallaceSupreme Court of Pennsylvania · 1916
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- Hoffman v. Hockfield Bros.Superior Court of Pennsylvania · 1921
- Feingold v. American Railway Express Co.Superior Court of Pennsylvania · 1927
- Wool v. Johannes Keller Building & Loan Ass'nPennylvania Municipal Court, Philadelphia County · 1932