Legal Opinion

Adams v. Dunn

Superior Court of Pennsylvania

Decided October 9, 1916No. Appeal, No. 264PublishedCited by 11 opinions

Appeal, No. 264, Oct. T., 1915, by defendants, from judgment of Municipal Court, Philadelphia Co., April T., 1915, No. 150, on verdict for plaintiff in case of Alice M. Adams v. William F. Dunn and Annie E. Dunn. Assumpsit on a written lease. Before Bonniwell, J. At the trial it appeared that the premises were owned by the plaintiff, Alice M. Adams, but that the lease was signed by her husband, William G. Adqms, in his own name, but as his wife’s agent.

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Appeal, No. 264, Oct. T., 1915, by defendants, from judgment of Municipal Court, Philadelphia Co., April T., 1915, No. 150, on verdict for plaintiff in case of Alice M. Adams v. William F. Dunn and Annie E. Dunn. Assumpsit on a written lease. Before Bonniwell, J. At the trial it appeared that the premises were owned by the plaintiff, Alice M. Adams, but that the lease was signed by her husband, William G. Adqms, in his own name, but as his wife’s agent. The lessee mentioned in the body of the lease was William F. Dunn, but the lease was signed both by Dunn and by his wife, Annie E. Dunn.…

1Opinion of the Court

Opinion by

Head, J.,

The record before us discloses that no plea in abatement was filed, nor was any complaint made in the court below of the absence from the record of the name of any necessary party or of the improper joinder of the defendants. Had there been such plea or complaint, any necessary amendment could and doubtless would have been made. Indeed this court is invested with the right to direct such amendment to be made here if required to protect the interest of any party. But as the cáse was tried, the judgment rendered will effectually estop not only the present plaintiff, who is…

2Cases cited3 opinions

  1. Murtland v. EnglishSupreme Court of Pennsylvania · 1906
  2. Graham v. DempseySupreme Court of Pennsylvania · 1895
  3. McBrier v. MarshallSupreme Court of Pennsylvania · 1889

3Cited by11 opinions

  1. Cusamano v. Anthony M. DiLucia, Inc.Superior Court of Pennsylvania · 1980
  2. Abell v. BishopMontana Supreme Court · 1930
  3. Routman v. BohmSuperior Court of Pennsylvania · 1961
  4. Chicago Inv. Co. v. HardtnerMississippi Supreme Court · 1933
  5. Cantor v. CherryCourt of Appeals for the Third Circuit · 1934

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