Hanick v. Leader
Supreme Court of Pennsylvania
Appeal, No. 222, Oct. T., 1913, by plaintiff, from judgment of C. P. Allegheny Co., Fourth. T., 1908, No. 77, for defendant n. o. v. in case of P. Hanick, agent for S. Di Simo, and Louis Lucchesi, v. William J. Leader. Assumpsit to recover the unpaid balance of rent from a surety on a lease. Before Frazer, P. J. The facts appear by the opinion of the Supreme Court. Verdict for plaintiff for $2,169.20 and judgment thereon.
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Appeal, No. 222, Oct. T., 1913, by plaintiff, from judgment of C. P. Allegheny Co., Fourth. T., 1908, No. 77, for defendant n. o. v. in case of P. Hanick, agent for S. Di Simo, and Louis Lucchesi, v. William J. Leader. Assumpsit to recover the unpaid balance of rent from a surety on a lease. Before Frazer, P. J. The facts appear by the opinion of the Supreme Court. Verdict for plaintiff for $2,169.20 and judgment thereon. The court subsequently entered judgment for defendant n. o. v. Error assigned was in entering judgment for defendant n. o. v.
1Opinion of the Court
Opinion by
Mr. Justice Elkin,
At the trial plaintiff submitted points asking for binding instructions and a verdict was directed in his favor. Defendant did not submit any points nor ask for any specific instructions. As the record then stood defendant was in position to ask for a new trial,' or he could have caused judgment to be entered on the verdict and taken an appeal direct. He chose to file a motion for judgment non obstante, did not ask for a new trial, nor did he take any steps to put the record in shape for the purpose of appeal. He stood solely and alone on his motion for judgment n.…
2Cases cited4 opinions
- Sulzner v. Cappeau-Lemley & Miller Co.Supreme Court of Pennsylvania · 1912
- Hardoncourt v. North Penn Iron Co.Supreme Court of Pennsylvania · 1909
- Reichner v. ReichnerSupreme Court of Pennsylvania · 1912
- Haley v. American Agricultural Chemical Co.Supreme Court of Pennsylvania · 1909
3Cited by12 opinions
- Adams v. Metropolitan Life InsuranceSupreme Court of Pennsylvania · 1936
- McKee, Tr. v. WardSupreme Court of Pennsylvania · 1927
- Standard Brewing Co. v. Knapp Co.Superior Court of Pennsylvania · 1922
- Essex Packers Limited v. KiseckerSupreme Court of Pennsylvania · 1953
- Loughery v. BarnesSuperior Court of Pennsylvania · 1956
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