Legal Opinion

Westinghouse Electric & Manufacturing Co. v. Wilson

Superior Court of Pennsylvania

Decided July 18, 1916No. Appeal, No. 79PublishedCited by 6 opinions

Appeal, No. 79, Oct. T., 1915, by defendant, from judgment of C. P. No. 3, Philadelphia Co., March T., 1912, No. 5300, on verdict for plaintiff in case of Westinghouse Electric & Manufacturing Co. v. C. Searing Wilson. Assumpsit on a contract of suretyship. Before Ferguson, J. The facts are set forth in the opinion of the Superior Court.

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Appeal, No. 79, Oct. T., 1915, by defendant, from judgment of C. P. No. 3, Philadelphia Co., March T., 1912, No. 5300, on verdict for plaintiff in case of Westinghouse Electric & Manufacturing Co. v. C. Searing Wilson. Assumpsit on a contract of suretyship. Before Ferguson, J. The facts are set forth in the opinion of the Superior Court. The court charged in part as follows: [“As I have said, Mr. Wilson’s contract is a primary and original contract of his own, and it being a contract of suretyship, the Westinghouse people are not obliged to sue the Lancaster Company and get a judgment against…

1Opinion of the Court

Per Curiam,

As the assignments of error relate wholly to what occurred at the second trial of this case, and as the evidence given on the first trial throws no light on the questions thus raised, the printing of that evidence would seem to be more than the rule of court absolutely required, but it was not in violation of the rule, nor was it prejudicial to the appellee in any way. Therefore its motion to suppress the printed record is without technical or substantial merit and is dismissed.

The plaintiff’s demand was for the agreed price of *298goods admittedly sold and delivered by the plaintiff…

2Cases cited17 opinions

  1. Gillespie v. . TorranceNew York Court of Appeals · 1862
  2. Hibert v. LangSupreme Court of Pennsylvania · 1895
  3. Jack v. KlepserSupreme Court of Pennsylvania · 1900
  4. Tagg v. BowmanSupreme Court of Pennsylvania · 1882
  5. Campbell v. BakerSupreme Court of Pennsylvania · 1864

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

3Cited by6 opinions

  1. Homewood Peoples Bank v. HastingsSupreme Court of Pennsylvania · 1919
  2. Abrahams, Adrx. v. Wilson, MayorSuperior Court of Pennsylvania · 1938
  3. W. T. Rawleigh Co. v. WarringtonSuperior Court of Delaware · 1938
  4. Middletown & Swatara Consolidated Water Co. v. Middletown Borough, Pennsylvania Court of Common Pleas, Dauphin County1923
  5. Motors Mortgage Corp. v. Garletts, Pennsylvania Court of Common Pleas, Fayette County1924

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

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