Legal Opinion

Christian Moerlein Brewing Co. v. Rusch

Supreme Court of Pennsylvania

Decided January 3, 1922No. Appeal, No. 129PublishedCited by 25 opinions

Appeal, No. 129, Oct. T., 1921, by defendant, from judgment of O. P. Allegheny Co., April T., 1920, No. 2054, on verdict for plaintiff, in case of Christian Moerlein Brewing Co. v. Ernest F. Busch. Assumpsit for money had and received. Before Carnahan, J. The opinion of the Supreme Court states the facts. Verdict and judgment for plaintiff for $63,431.64. Defendant appealed. Error assigned, inter alia, was refusal of judgment for defendant, n. o. v.

1Opinion of the Court

Opinion by

Mr. Justice Walling,

The plaintiff brewing company is located at Cincinnati and, in 1890, Joseph Bruening, the distributor of its beer in Pittsburgh, leased of Mary E. Schenley a lot at the corner of Second Avenue and Try Street, in the latter city, for the term of seven years, with the right to remove improvements erected thereon. Bruening erected certain buildings on the lot, which, with an assignment of the lease, he transferred to Christian Moerlein, of the plaintiff company, in 1893 for $17,000. In 1895 Ernest F. Rusch, the defendant, took Bruening’s place as the exclusive…

2Cases cited12 opinions

  1. Gandy v. WeckerlySupreme Court of Pennsylvania · 1908
  2. Washington's EstateSupreme Court of Pennsylvania · 1908
  3. Benner v. Fire Ass'nSupreme Court of Pennsylvania · 1910
  4. Philadelphia & Reading Railroad v. SpearenSupreme Court of Pennsylvania · 1864
  5. Excelsior Saving Fund & Loan Ass'n v. FoxSupreme Court of Pennsylvania · 1916

7 more not listed; retrieve them via the Exa API.

3Cited by25 opinions

  1. Commonwealth v. CargoSupreme Court of Pennsylvania · 1982
  2. Commonwealth v. RussoSuperior Court of Pennsylvania · 1955
  3. Miller v. Exeter BoroughSupreme Court of Pennsylvania · 1951
  4. Commonwealth v. CooleySupreme Court of Pennsylvania · 1979
  5. Rocks v. SheppardSupreme Court of Pennsylvania · 1930

20 more not listed; retrieve them via the Exa API.

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