Sweitzer v. Crowley
Supreme Court of Pennsylvania
Appeal, No. 205, Oct. T., 1912, by plaintiff, from order of O. P. Somerset Co., Sept. T., 1912, No. 296, making absolute rule to open judgment in case of Simon P. Sweitzer y. Timothy J. Crowley and Emil Lipscher. Buie to open judgment. Before Euppel, P. J. The opinion of the Supreme Court states the case. Error assigned was in making absolute rule to open judgment.
1Opinion of the Court
Per Curiam,
This appeal is from an order making absolute a rule to show cause why a judgment entered on defendants’ bond should not be opened. The case was heard in the Common Pleas on petition, answer and replication. From the petition it appeared that the bond was given with a mortgage in part payment of the purchase *283money for a distillery “including 16,000 gallons of whiskey now in bond”; that it was agreed that if there were less than 16,000 gallons in bond a credit at the rate of seventy-five cents a gallon should be allowed for the deficit and this agreement was incorporated in the…
2Cases cited2 opinions
- Bank v. FulmorSupreme Court of Pennsylvania · 1889
- Boyd v. KirchSupreme Court of Pennsylvania · 1912
3Cited by3 opinions
- United States Savings and Trust Co. v. HelselSupreme Court of Pennsylvania · 1936
- Stewart v. StewartSupreme Court of Pennsylvania · 1914
- Baker's Est., Exr. v. Woodworth Et Ux.Superior Court of Pennsylvania · 1938