Reed v. Fidelity & Casualty Co.
Supreme Court of Pennsylvania
Appeal, No. 255, Jan. T., 1898, by plaintiffs, from order of C. P. No. 2, Phila. Co., March T., 1894, No. 1058, refusing to take off nonsuit. Assumpsit upon a bond of suretyship. Before Sulzberger, J. At the trial it appeared that plaintiffs employed Carl H. Leiding as their agent in Charleston, S. C., to solicit orders for suits of clothing, make the necessary measurements and transmit these to them.
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Appeal, No. 255, Jan. T., 1898, by plaintiffs, from order of C. P. No. 2, Phila. Co., March T., 1894, No. 1058, refusing to take off nonsuit. Assumpsit upon a bond of suretyship. Before Sulzberger, J. At the trial it appeared that plaintiffs employed Carl H. Leiding as their agent in Charleston, S. C., to solicit orders for suits of clothing, make the necessary measurements and transmit these to them. They manufactured the suits and sent them to Leiding who, by his agreement, was to return them to the plaintiffs within thirty days after he received them, if they were not accepted by the…
1Opinion of the Court
Per Curiam,
We have repeatedly said that an appeal does not lie from the entry of a compulsory nonsuit, but only from the refusal of the court in banc to take it off. The first specification of error is therefore useless.
The second and third specifications are substantially the same, and present the only question in the case, whether the court erred in refusing to take off the nonsuit entered by the learned trial judge.
A careful consideration of the testimony on which the plaintiffs rely has satisfied us that it is insufficient to justify submission of the case to a jury. The reasons for this…
2Cited by9 opinions
- United States Fidelity & Guaranty Co. v. Egg Shippers' Strawboard & Filler Co.Court of Appeals for the Eighth Circuit · 1906
- Williams v. United States Fidelity & Guaranty Co.Court of Appeals of Maryland · 1907
- United States Fidelity & Guaranty Co. v. Bank of BatesvilleSupreme Court of Arkansas · 1908
- Bausbach v. ReiffSupreme Court of Pennsylvania · 1912
- United States Fidelity & Guaranty Co. v. HughesCourt of Appeals for the Tenth Circuit · 1930
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