Jenkins v. North Pole Ice Co.
Superior Court of Pennsylvania
Appeal, No. 49, April T., 1924, by defendant, from judgment of C. P. Allegheny Co., April T., 1922, No. 1404, directing a verdict for the plaintiff in the ease of W. W. Jenkins, Trustee in Bankruptcy of the Estate of James Jefferson McClain, v. North Pole Ice Company. Assumpsit to recover amount paid on attachment execution. Before Reid, J. The facts are stated in the opinion of the Superior Court.
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Appeal, No. 49, April T., 1924, by defendant, from judgment of C. P. Allegheny Co., April T., 1922, No. 1404, directing a verdict for the plaintiff in the ease of W. W. Jenkins, Trustee in Bankruptcy of the Estate of James Jefferson McClain, v. North Pole Ice Company. Assumpsit to recover amount paid on attachment execution. Before Reid, J. The facts are stated in the opinion of the Superior Court. The court directed a verdict in favor of the plaintiff in the sum of $756.17 and entered judgment thereon. Defendant appealed. Error assigned was, among others, refusal of defendant’s motion for…
1Opinion of the Court
Opinion by
Trexler, J.,
The parties have agreed for the purpose of this appeal upon a statement showing how the questions arose and were decided in the court below and have filed it in accordance with rule 56 of this court. This supersedes all other parts of the record except the judgment order or decree from which the appeal is taken. We call attention to this for reasons which will appear later. The facts are as follows: On October 20, 1921, Wentzler brought suit in Westmoreland County against McClain to recover balance due under a contract for the use and hire of certain motor trucks;…
2Cases cited3 opinions
- Keystone Brewing Co. v. SchermerSupreme Court of Pennsylvania · 1913
- Simpson v. Van EttenU.S. Circuit Court for the District of Eastern Pennsylvania · 1901
- Rudisill's Trustee v. WildasinSupreme Court of Pennsylvania · 1922
3Cited by2 opinions
- Rush v. Nat. Bk. of Confluence (Et Al.)Supreme Court of Pennsylvania · 1936
- Kolb v. Ideal Specialty Manufacturing Co., Pennsylvania Court of Common Pleas, Montgomery County1934