Legal Opinion

Schwartz v. McCloskey

Supreme Court of Pennsylvania

Decided July 19, 1893No. Appeal, No. 321PublishedCited by 6 opinions

Appeal, No. 321, Jan. T., 1893, by plaintiffs, Charles W. Schwartz and Albert Groff trading as Schwartz & Groff, from judgment of C. P. Clearfield Co., Dec. T., 1891, No. 135, on verdict for defendant, Edgar L. Mc-Closkey, sheriff. Trespass against sheriff for unlawful sale. The facts appear by the opinion of the Supreme Court. The court, Krebs, P. J., entered a compulsory nonsuit, and subsequently refused to take it off. Brror assigned was (2) refusal to take off nonsuit.

1Opinion of the Court

Opinion by

Mr. Justice Dean,

This is an action of trespass against the sheriff of Clearfield county for selling on execution certain goods as the property of Louis Shaffer, which plaintiffs claim belonged to them.

Plaintiffs are merchants in Philadelphia. Shaffer was a retail dealer in Dubois, Clearfield county. In 1886 he and one Friedman had been in partnership in the mercantile business at Dubois. This partnership was dissolved about January 1, 1887, by the withdrawal of Fi'iedman, and thereafter Shaffer carried on the business in his own name down to the 11th of November, 1889, when, on…

2Cases cited1 opinion

  1. Kitchen v. McCloskeySupreme Court of Pennsylvania · 1892

3Cited by6 opinions

  1. In re KravitzCourt of Appeals for the Third Circuit · 1960
  2. Jones v. CostlowSupreme Court of Pennsylvania · 1944
  3. Culbreth v. SimoneDistrict Court, E.D. Pennsylvania · 1981
  4. Mann v. SalsbergSuperior Court of Pennsylvania · 1901
  5. In the Matter of Harry Kravitz and Jacob Rovner, Also Known as Jack Rovner, Individually and as Co-Partners Trading as Lincoln Tire Company, Bankrupts. Wilcox-Gay CorporationCourt of Appeals for the Third Circuit · 1960

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