Kaufman v. Abeles
Superior Court of Pennsylvania
Appeal, No. 77, Oct. T., 1899, by appellant, from judgment of C. P. No. 2, Phila. Co., March T., 1894, No. 95, entering compulsory nonsuit. Opinion by Beaver, J. It appears from the record that this action was assumpsit on^ book account on which the balance claimed was $60.03. The book entry showed a charge against one Meyer altered by the cancelation of that name and the interlineation of the name of the defendant at a date later than the alleged sale.
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Appeal, No. 77, Oct. T., 1899, by appellant, from judgment of C. P. No. 2, Phila. Co., March T., 1894, No. 95, entering compulsory nonsuit. Opinion by Beaver, J. It appears from the record that this action was assumpsit on^ book account on which the balance claimed was $60.03. The book entry showed a charge against one Meyer altered by the cancelation of that name and the interlineation of the name of the defendant at a date later than the alleged sale. At the trial it was testified by the salesman of the plaintiff that the purchase had been ordered by the defendant as assignee for the…
1Opinion of the Court
Opinion by
Beaver, J.,
“ Izz its legal effect a coznpulsory nonsuit is substazztially the same as a demurrer to the evidence, except that the trial judge cannot give judgment for the defendazit. It thus impliedly admits all the facts which the jury might have inferred from the testimony: Maynes v. Atwater, 88 Pa. 496; Miller v. Bealer, 100 Pa. 583. If there be azzy evidezice beyond a znere scintilla, however slight, from which the jury may draw azz iziference favorable to the plaintiff, the case should be subznitted; azid, if it izzadvertezztly happens to be withdrawn frozn the jury by judgment…
2Cases cited10 opinions
- Nugent v. WolfeSupreme Court of Pennsylvania · 1886
- Maynes v. AtwaterSupreme Court of Pennsylvania · 1879
- M'Farland v. NewmanSupreme Court of Pennsylvania · 1839
- Bailey v. MarshallSupreme Court of Pennsylvania · 1896
- Fulton v. Lancaster CountySupreme Court of Pennsylvania · 1894
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