Frank P. Miller Paper Co. v. Keystone Coal & Coke Co.
Supreme Court of Pennsylvania
Appeal, No. 76, Jan. T., 1920, by plaintiff, from order of C. P. No. 2, Phila. Co., Dec. T., 1917, No. 2857, making absolute rule to set aside service of writ in case of Prank P. Miller Paper Co. v. Keystone Coal & Coke Co. Assumpsit for breach of contract to deliver coal. Rule to set aside service of writ. The court, in an opinion by Rogers, J., 28 Pa. Dist. R. 775; 18 Pa. C. C. R. 72, made the rule absolute. Error assigned was order making the rule absolute.
1Opinion of the Court
Opinion by
Me. Justice Walling,
This is an action of assumpsit, brought in Philadelphia County, in which the sheriff made return of service of the summons as follows, viz: “Served Keystone Coal & Coke Company, the within named defendant company, by handing personally January 14, 1918, a true and attested copy of the within writ at Juniper and Chestnut streets, in the County of Philadelphia, State of Pennsylvania, the place of business of said defendant company, to M. T. Dean, the person for the time being in charge thereof, being unable to ascertain the residence of any of the officers of said…
2Cases cited7 opinions
- Park Brothers & Co. v. Oil City Boiler WorksSupreme Court of Pennsylvania · 1903
- Hagerman v. Empire Slate Co.Supreme Court of Pennsylvania · 1881
- Ben Franklin Coal Co. v. Pennsylvania Water Co.Superior Court of Pennsylvania · 1904
- Benwood Ironworks v. Hutchinson & Bro.Supreme Court of Pennsylvania · 1882
- Fulton v. Commercial Travelers' Mutual Accident Ass'n of AmericaSupreme Court of Pennsylvania · 1895
2 more not listed; retrieve them via the Exa API.
3Cited by29 opinions
- Frank P. Miller Paper Co. v. Keystone Coal & Coke Co.Supreme Court of Pennsylvania · 1922
- Nuttallburg Smokeless Fuel Co. v. First National BankWest Virginia Supreme Court · 1921
- Ristau Et Ux. v. Crew Levick Co.Superior Court of Pennsylvania · 1933
- Gengenbach v. Willow Grove Park Co.Supreme Court of Pennsylvania · 1924
- Colucci v. ImperialSupreme Court of Pennsylvania · 1964
24 more not listed; retrieve them via the Exa API.