Kutz v. Dreibelbis
Supreme Court of Pennsylvania
ERROR TO THE COURT OF COMMON PLEAS OF BERKS COUNTY. No. 149 July Term 1888, Sup. Ct.; court below, No. 127 August Term 1881, C. P. On July 29,1881, Simon Dreibelbis as the surviving partner of Charles Kutz and Simon Dreibelbis, trading under the firm name of Kutz & Dreibelbis, brought assumpsit against Esther Kutz, executrix of Charles Kutz, deceased, to recover a sum of money in the hands of said executrix claimed to be of the assets of said firm.
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ERROR TO THE COURT OF COMMON PLEAS OF BERKS COUNTY. No. 149 July Term 1888, Sup. Ct.; court below, No. 127 August Term 1881, C. P. On July 29,1881, Simon Dreibelbis as the surviving partner of Charles Kutz and Simon Dreibelbis, trading under the firm name of Kutz & Dreibelbis, brought assumpsit against Esther Kutz, executrix of Charles Kutz, deceased, to recover a sum of money in the hands of said executrix claimed to be of the assets of said firm. The declaration was filed on November 29, 1886, and the cause put at issue under the general plea. At the trial on May 31,1888, the facts of the…
1Opinion of the Court
Opinion,
Mr. Justice McCollum:
On May 11, 1872, Charles Kutz entered into a written contract under seal, with the commissioners of Lebanon county, by which he agreed to remove the old bridge across Swatara creek, at Jonestown, in that county, and to place it over the same creek, at Bohr’s Ford, upon abutments and piers furnished by the county commissioners, and to have it finished and ready for use September 1, 1872. For this work he was to receive $3,350; one third of it, when one span of the bridge was erected and approved by the commissioners, and the balance when the bridge was approved by…
2Cases cited6 opinions
- Arnold v. . ArnoldNew York Court of Appeals · 1882
- Finlay v. StewartSupreme Court of Pennsylvania · 1867
- Meason v. KaineSupreme Court of Pennsylvania · 1870
- Wright v. CumpstySupreme Court of Pennsylvania · 1861
- Shipe's AppealSupreme Court of Pennsylvania · 1886
1 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Welch v. MillerSupreme Court of Pennsylvania · 1904
- Crittenden v. CobbU.S. Circuit Court for the District of Middle Pennsylvania · 1907
- Link v. HaireMontana Supreme Court · 1928
- Devore v. WoodruffNorth Dakota Supreme Court · 1890
- Kukurin v. Hallam, Pennsylvania Court of Common Pleas, Washington County1940