Philadelphia & Gulf Steamship Co. v. Soeffing
Superior Court of Pennsylvania
Appeal, No. 170, Oct. T., 1914, by defendant, from judgment of Municipal Court, Phila. Co., March T., 1914, No. '469, on verdict for plaintiff in case of Philadelphia & Gulf Steamship Company in the hands of S. P. Wetherill, Jr., Receiver, v. Harry Soeffing. Assumpsit to recover a balance due on a stock subscription. Before Bonniwell, J. The facts were essentially the same as in Philadelphia & Gulf Steamship Company v. Clark, supra.
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Appeal, No. 170, Oct. T., 1914, by defendant, from judgment of Municipal Court, Phila. Co., March T., 1914, No. '469, on verdict for plaintiff in case of Philadelphia & Gulf Steamship Company in the hands of S. P. Wetherill, Jr., Receiver, v. Harry Soeffing. Assumpsit to recover a balance due on a stock subscription. Before Bonniwell, J. The facts were essentially the same as in Philadelphia & Gulf Steamship Company v. Clark, supra. Verdict and judgment for plaintiff for $780. Defendant appealed. Errors assigned were in the following form: The learned trial judge erred in not finding a…
1Opinion of the Court
Opinion by
Rice, P. J.,
This case was tried by the court without a jury. No points or requests for special findings of fact were presented. But at the conclusion of the evidence his counsel orally requested the trial judge “to find a verdict for defendant.” No exception was taken to the implied refusal of this request, or to the judge’s finding, *431or to the judgment subsequently entered thereon for the plaintiff. The matters assigned as error are: (1) “not finding a verdict for the defendant as requested”; (2) “finding a verdict in favor of the. plaintiff and entering judgment thereon.”
The…
2Cases cited2 opinions
- Crutcher v. KentuckySupreme Court of the United States · 1891
- Rand v. KingSupreme Court of Pennsylvania · 1890
3Cited by4 opinions
- Peoples v. PhiladelphiaSuperior Court of Pennsylvania · 1916
- Philadelphia & Gulf Steamship Co. v. PechinSuperior Court of Pennsylvania · 1915
- Comly v. LintonSuperior Court of Pennsylvania · 1915
- Foster v. CurtisSuperior Court of Pennsylvania · 1916