Hepburn v. Curts
Supreme Court of Pennsylvania
ERROR to the common pleas of Lycoming county. Samuel Hepburn and Baker Langcake trading in the name of Hepburn, Langcake & Co. against John Curts, Samuel Hepburn and James Hepburn trading in the name of Curts, Hepburn & Co. Summons in case.
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ERROR to the common pleas of Lycoming county. Samuel Hepburn and Baker Langcake trading in the name of Hepburn, Langcake & Co. against John Curts, Samuel Hepburn and James Hepburn trading in the name of Curts, Hepburn & Co. Summons in case. This was an action of assumpsit brought in August 1834, by Samuel Hepburn and Baker Langcake, lately trading under the firm of Hepburn, Langcake & Co., against John Curts, Samuel Hepburn and James Hepburn, lately trading under the firm of Curts, Hepburn & Co. The declaration contained counts for work and labour, goods sold and delivered, and the common…
1Opinion of the Court
The opinion of the Court was delivered by
Sergeant, J.
It is unnecessary now for the court to decide on the points assigned as errors in the charge of the court below by the plaintiffs, because we are of opinion that this act of assembly applies expressly to the present case, and makes it imperative on us to remit the suit back to the court of common pleas for trial and judgment, The suit was pending on a writ of error. The objection to the plaintiffs’ right to sustain their action is that mentioned in the act, that one of the partners, Samuel Hepburn, is both plaintiff and defendant, in a suit…
2Cited by27 opinions
- Hallowell v. CommonsSupreme Court of the United States · 1916
- Freeborn v. SmithSupreme Court of the United States · 1865
- Pritchard v. Savannah Street & Rural Resort RailroadSupreme Court of Georgia · 1891
- Commonwealth v. DuffySupreme Court of Pennsylvania · 1881
- Hasbrouck v. City of MilwaukeeWisconsin Supreme Court · 1860
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