Bing v. Schmitt
Supreme Court of Pennsylvania
Appeal, No. 205, Oct. T., 1909, by plaintiffs, from order of C. P. No. 4, Allegheny Co., Third Term, 1907, No. 414, refusing to take off nonsuit in case of Harry Bing and R. C. Hieber, partners doing business as Bing & Hieber, now for use of R. C. Hieber v. George Schmitt, now in the hands of the Mount Washington Savings & Trust Company, Trustee in Bankruptcy, and A. L. Richmond, partners doing business as the Nixon Restaurant.
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Appeal, No. 205, Oct. T., 1909, by plaintiffs, from order of C. P. No. 4, Allegheny Co., Third Term, 1907, No. 414, refusing to take off nonsuit in case of Harry Bing and R. C. Hieber, partners doing business as Bing & Hieber, now for use of R. C. Hieber v. George Schmitt, now in the hands of the Mount Washington Savings & Trust Company, Trustee in Bankruptcy, and A. L. Richmond, partners doing business as the Nixon Restaurant. Assumpsit for goods sold and delivered'. Before Swearingen, P. J. . , The facts appear by the opinion of the Supreme Court. At the trial the court entered a compulsory…
1Opinion of the Court
Opinion by
Mr. Justice Potter,
Judgment of compulsory nonsuit was entered in this case, upon the ground that the proof of .a. partnership between Schmitt and Richmond was not sufficient to justify the submission of the question to the jury.. Our examination of the evidence leads us to a different conclusion upon this point from that reached by the learned trial judge. It made no difference whether there was a partnership -in fact or not, if the defendants represented themselves as partners to the plaintiffs, and thereby obtained their goods: Given v. Albert, 5 W. & S. 333; Reed, Crane & Co. v.…
2Cases cited3 opinions
- Given v. AlbertSupreme Court of Pennsylvania · 1843
- Reed, Crane & Co. v. Kremer & Co.Supreme Court of Pennsylvania · 1886
- Shafer & Martin v. RandolphSupreme Court of Pennsylvania · 1882
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- Import Products Co. v. Group RL Inc., Pennsylvania Court of Common Pleas, Delaware County1998