Pitcairn v. Scully
Supreme Court of Pennsylvania
Appeal, No. 76, Oct. T., 1915, by plaintiff, from judgment of O. P. Allegheny Go., Jan. T., 1913, No. 2800, for defendant entered non obstante veredicto in case of Thomas O. Pitcairn v. James W. Scully, Charles A. Painter, Daniel Beech and Edwin S. Fairley, late copartners doing business as Scully, Painter and Beech. Trespass for conversion of certain bonds and stock.
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Appeal, No. 76, Oct. T., 1915, by plaintiff, from judgment of O. P. Allegheny Go., Jan. T., 1913, No. 2800, for defendant entered non obstante veredicto in case of Thomas O. Pitcairn v. James W. Scully, Charles A. Painter, Daniel Beech and Edwin S. Fairley, late copartners doing business as Scully, Painter and Beech. Trespass for conversion of certain bonds and stock. The facts appear from the following opinion by Hay-maker, J.: This is an action in trespass to recover damages for the conversion of certain bonds and stocks owned by the plaintiff. Plaintiff took nonsuit as to Fairley. At the…
1Opinion of the Court
Per Curiam,
The judgment is affirmed on the opinion of the learned court below entering judgment for the defendants non obstante veredicto. The discharge in bankruptcy was offered in evidence but rejected by the trial court. Conceding that the court should have considered and disposed of the defendants’ motion for judgment on the record with this evidence excluded, the plaintiff acquiesced in the court hearing and ruling the motion on the theory that the discharge was in evidence and before the court for consideration. In his opinion, the learned judge says: “On the argument of the motion of…
2Cases cited1 opinion
- Safe Deposit Bank v. County of SchuylkillSupreme Court of Pennsylvania · 1899
3Cited by4 opinions
- Megal Development Corp. v. ShadofWisconsin Supreme Court · 2005
- In re NaborsDistrict Court, N.D. Alabama · 1922
- Righter v. Guenther Lumber Co.Superior Court of Pennsylvania · 1916
- Steese v. Mifflinburg Borough, Pennsylvania Court of Common Pleas, Union County1924