Legal Opinion

Herring v. Weinroth

Superior Court of Pennsylvania

Decided December 20, 1915No. Appeal, No. 284PublishedCited by 9 opinions

Appeal, No. 284, Oct. T., 1914, by defendant, from judgment of Municipal Oourt, Philadelphia Co., March T., 1914, No. 26, for plaintiff in case tried by the court without a jury in suit of David Herring, et al., trading as Herring Brothers, v. Max Weinroth. Assumpsit for goods sold and delivered.

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Appeal, No. 284, Oct. T., 1914, by defendant, from judgment of Municipal Oourt, Philadelphia Co., March T., 1914, No. 26, for plaintiff in case tried by the court without a jury in suit of David Herring, et al., trading as Herring Brothers, v. Max Weinroth. Assumpsit for goods sold and delivered. Before Knowles, J. From the record it appeared that the goods in question had been sold to Max Groveman, a brother-in-law of defendant, but charged to defendant under an alleged agreement of suretyship. The evidence on the part of the plaintiffs showed that in 1911 they opened an account with the…

1Opinion of the Court

Opinion by

Ivephart, J.,

This is an appeal from the judgment of the Municipal Court after a trial by a judge without a jury. Unless requests for findings of fact are presented to the trial judge, the disposition of questions of fact arising from the testimony would have the same effect and should be treated in the same manner as though the evidence had been submitted to a jury at common law. This court will not disturb the conclusions of the judge when based on proper *532evidence or inferences fairly deducible from such evidence. In this appeal the trial judge found that a contract existed between…

2Cases cited3 opinions

  1. Maynes v. AtwaterSupreme Court of Pennsylvania · 1879
  2. Forrest v. Nelson Bros.Supreme Court of Pennsylvania · 1885
  3. Warnick v. GrosholzSupreme Court of Pennsylvania · 1859

3Cited by9 opinions

  1. McCormack v. JermynSupreme Court of Pennsylvania · 1944
  2. Lelar v. Quaker City CabsSuperior Court of Pennsylvania · 1932
  3. Deacon v. HendricksSuperior Court of Pennsylvania · 1917
  4. Robinson v. WallaceSuperior Court of Pennsylvania · 1916
  5. Citizens National Bk. Greencastle v. SpeckSuperior Court of Pennsylvania · 1932

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