American Manufacturing Co. To Use of John V. Doniphan v. S. Morgan Smith Co.
Superior Court of Pennsylvania
Appeal, No. 21, March T., 1907, by plaintiffs, from order of C. P. York Co., Jan. T., 1903, refusing to take off nonsuit in case of The American Manufacturing Company now for the use of John Y. Doniphan v. S. Morgan Smith Company. Assumpsit for goods sold and delivered. Before Bittinger, P. J. The facts are stated in the opinion of the Superior Court. The court entered a compulsory nonsuit which it subsequently refused to take off.
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Appeal, No. 21, March T., 1907, by plaintiffs, from order of C. P. York Co., Jan. T., 1903, refusing to take off nonsuit in case of The American Manufacturing Company now for the use of John Y. Doniphan v. S. Morgan Smith Company. Assumpsit for goods sold and delivered. Before Bittinger, P. J. The facts are stated in the opinion of the Superior Court. The court entered a compulsory nonsuit which it subsequently refused to take off. Error assigned among others was refusal to take off nonsuit.
1Opinion of the Court
Opinion by
Morrison, J.,
This is an action of assumpsit brought to recover the price and value of two coils, or 3,580 linear feet, of manilla transmission rope, one and three-quarters inches in diameter, weighing 4,225 pounds, at the price of thirteen cents per pound, sold and delivered by the plaintiff to the defendant on November 25, 1898. The case came on for trial before the court and a jury and at the close of the plaintiff’s testimony, a compulsory non-suit was granted which the court subsequently refused to take off, and the plaintiff excepted to this ruling and appealed.
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2Cases cited8 opinions
- Maynes v. AtwaterSupreme Court of Pennsylvania · 1879
- Howard Express Co. v. WileSupreme Court of Pennsylvania · 1870
- Hill v. Nation Trust Co.Supreme Court of Pennsylvania · 1885
- Jacques v. FourthmanSupreme Court of Pennsylvania · 1890
- Canfield v. Johnson, Pennsylvania Court of Common Pleas, Tioga County1891
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3Cited by4 opinions
- Cupples, Jr. v. YearickSuperior Court of Pennsylvania · 1930
- Sims v. Pennsylvania RailroadSupreme Court of Pennsylvania · 1924
- Pecoraro Al. Packrall v. PecoraroSuperior Court of Pennsylvania · 1932
- Ferguson v. Barber Asphalt Paving Co.Superior Court of Pennsylvania · 1915