Legal Opinion

Beale v. Jennings

Supreme Court of Pennsylvania

Decided October 28, 1889No. 31PublishedCited by 4 opinions

APPEAL BY DEFENDANT FBOM THE COURT OF COMMON PLEAS OF ARMSTRONG COUNTY. No. 31 October Term 1889, Sup. Ot.; court below, No. 108 March Term 1888, C. P. On December 31, 1887, Joseph G. Beale brought assumpsit against B. F. Jennings, his statement of claim being as follows : “ This suit is brought to recover from the defendant, B. F. Jennings, the sum of $2,719.09, with interest from October 30, 1886. The claim arises as follows: The firm of Jennings, Beale & Co. was composed…

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APPEAL BY DEFENDANT FBOM THE COURT OF COMMON PLEAS OF ARMSTRONG COUNTY. No. 31 October Term 1889, Sup. Ot.; court below, No. 108 March Term 1888, C. P. On December 31, 1887, Joseph G. Beale brought assumpsit against B. F. Jennings, his statement of claim being as follows : “ This suit is brought to recover from the defendant, B. F. Jennings, the sum of $2,719.09, with interest from October 30, 1886. The claim arises as follows: The firm of Jennings, Beale & Co. was composed of the plaintiff and defendant, and on October 30, 1886, was indebted to plaintiff in the sum of $2,719.09, a statement…

1Opinion of the Court

Per Curiam :

The point that an action of assumpsit would not lie in this case is not well taken. The settlement of the partnership .accounts is not involved in this issue. The suit was brought upon articles of agreement by which the plaintiff sold to the defendant all his interest in the assets of the firm of Jennings, Beale & Co., Limited; the latter assuming all the liabilities of the firm, and covenanting to save the former harmless therefrom.

The only other specification of error relates to the charge of the court in regard to the gas well. If the charge is obscure in this respect, it is…

2Cited by4 opinions

  1. Goldberg v. GoldbergSupreme Court of Pennsylvania · 1953
  2. Beaumont v. SharplessSuperior Court of Pennsylvania · 1911
  3. Farrell v. YoungSuperior Court of Pennsylvania · 1904
  4. Kish v. DaumSupreme Court of Pennsylvania · 1928

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