Silberstein v. Bernstein
Superior Court of Pennsylvania
Appeal, No. 133, April T., 1914, by defendant, from order of C. P. Allegheny Co., April T., 1914, No. 498, Docket “B,” refusing to allow an appeal from judgment of the County Court in case of Samuel Silberstein v. Morris Bernstein. Petition from an order refusing an appeal from judgment of the county court.
1Opinion of the Court
Miller, J.,
filed the following opinion:
In this case there was a verdict for the plaintiff for the full amount of his claim. The defendant made a motion for a new trial, which is now under discussion, alleging that the court erred in refusing his point for binding instruction in his favor, for the reasons:(a) That the evidence offered at the trial was not sufficient to warrant the jury in finding that the promise as alleged in the statement of claim was made, and (b) even if the promise was made, it being for the payment of the debt of another, and the same not being in writing, a recovery was…
2Cases cited4 opinions
- Nugent v. WolfeSupreme Court of Pennsylvania · 1886
- Maule v. BucknellSupreme Court of Pennsylvania · 1865
- Burr v. MazerSuperior Court of Pennsylvania · 1896
- Hall v. Lincoln Savings & Trust Co.Supreme Court of Pennsylvania · 1908