Barry v. Caplin
Superior Court of Pennsylvania
Appeal, No. 11, Oct. T., 1919, by defendants, from judgment of Municipal Court of Philadelphia, August T., 1916, No. 124, in favor of plaintiff in suit tried by the court without a jury in the care of E. E. Berry v. Simon Caplin, Morris Caplin, Abraham Rubin, Joseph Spector and Samuel Spector, trading as Quaker City Dairy Company. Assumpsit of goods sold and delivered. Before Gorman, J., without a jury. The facts are stated in the opinion of the Superior Court.
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Appeal, No. 11, Oct. T., 1919, by defendants, from judgment of Municipal Court of Philadelphia, August T., 1916, No. 124, in favor of plaintiff in suit tried by the court without a jury in the care of E. E. Berry v. Simon Caplin, Morris Caplin, Abraham Rubin, Joseph Spector and Samuel Spector, trading as Quaker City Dairy Company. Assumpsit of goods sold and delivered. Before Gorman, J., without a jury. The facts are stated in the opinion of the Superior Court. The court found in favor of the plaintiff for the sum of $337.59, and judgment was entered thereon. Defendant appealed. Errors…
1Opinion of the Court
Opinion by
Head, J.,
The first position taken by counsel on the argument on this appeal may be disposed of with the remark the question is not properly before us. It arises from no *489ruling made by the trial judge, rests on no objection by counsel to any such ruling and no exception that would bring it upon the record. It is true, there was a point for binding instructions generally and an exception to its refusal. But, if cases are to be decided with common fairness to the trial court and the parties, such point should not furnish a satisfactory warrant for here urging, for the first time, a…
2Cases cited1 opinion
- Lindsay v. DuttonSupreme Court of Pennsylvania · 1910
3Cited by9 opinions
- Russell v. SicklesSupreme Court of Pennsylvania · 1932
- Brunswick Corp. v. LEVINSupreme Court of Pennsylvania · 1971
- Dalton v. Gray Line Motor ToursSuperior Court of Pennsylvania · 1928
- Goodwine v. AyresIndiana Court of Appeals · 1922
- Castillo I. Richards, Administrator of the Estate of Juancito Richards, Deceased v. Edward Power BoydCourt of Appeals for the Third Circuit · 1965
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