Legal Opinion

Goodling v. Simon

Superior Court of Pennsylvania

Decided July 16, 1913No. Appeal, No. 13PublishedCited by 10 opinions

Appeal, No. 13, March T., 1913, by defendants, from judgment of C. P. York Co., Aug. T., 1910, No. 178, on verdict for plaintiffs in case of George G. Goodling and William H. Smyser, co-partners, doing business under the name of York Pattern Works, v. Martin Simon and John J. Taylor. Assumpsit for promise to pay the debt of a corporation. Before Ross, J. The opinion of the Superior Court states the case. Verdict and judgment for plaintiffs for $150.34. Defendants appealed.

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Appeal, No. 13, March T., 1913, by defendants, from judgment of C. P. York Co., Aug. T., 1910, No. 178, on verdict for plaintiffs in case of George G. Goodling and William H. Smyser, co-partners, doing business under the name of York Pattern Works, v. Martin Simon and John J. Taylor. Assumpsit for promise to pay the debt of a corporation. Before Ross, J. The opinion of the Superior Court states the case. Verdict and judgment for plaintiffs for $150.34. Defendants appealed. Error assigned was in refusing binding instructions for defendants.

1Opinion of the Court

Opinion by

Orlady, J.,

The plaintiffs were holders for value of a promissory note made by the Keystone Engine and Manufacturing Company in the amount of $136.68, which matured on March 7, 1910, and payment was then demanded from the maker. The defendants in this action were respectively the president and treasurer of the Keystone Engine and Manufacturing Company, and were each stockholders and creditors of that corporation, which at the time was well known by all the. parties to this action to be insolvent. The plaintiffs were threatening suit .on ..the *127note, which would force the company into…

2Cases cited5 opinions

  1. Weber & Co. v. BishopSuperior Court of Pennsylvania · 1899
  2. Pizzi v. NardelloSuperior Court of Pennsylvania · 1903
  3. Klein v. RandSuperior Court of Pennsylvania · 1908
  4. Duncan v. ShawSuperior Court of Pennsylvania · 1901
  5. May v. WalkerSuperior Court of Pennsylvania · 1902

3Cited by10 opinions

  1. Johnston the Florist, Inc. v. TEDCO Construction Corp.Superior Court of Pennsylvania · 1995
  2. Blumer v. DorfmanSupreme Court of Pennsylvania · 1972
  3. Thomas A. Armbruster, Inc. v. BarronSupreme Court of Pennsylvania · 1985
  4. Eastern Wood Products Co. v. MetzSupreme Court of Pennsylvania · 1952
  5. Biller v. ZieglerSuperior Court of Pennsylvania · 1991

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