Klein v. Rand
Superior Court of Pennsylvania
Appeal, No. 131, Oct. T., 1907, by plaintiffs, from order of C. P. No. 4, Phila. Co., Dec. T., 1904, No. 1,658, refusing to take off nonsuit in case of Ike Klein, Abraham Davidson, Aaron L. Ingber, Harry Fineman, Barney Sindel and others, lately trading as Commercial 'Co-operative Association, v. Israel or Isador Rand. Assumpsit on promise to pay the debt of another. Before Carr, J. The facts appear by the opinion of the Superior Court.
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Appeal, No. 131, Oct. T., 1907, by plaintiffs, from order of C. P. No. 4, Phila. Co., Dec. T., 1904, No. 1,658, refusing to take off nonsuit in case of Ike Klein, Abraham Davidson, Aaron L. Ingber, Harry Fineman, Barney Sindel and others, lately trading as Commercial 'Co-operative Association, v. Israel or Isador Rand. Assumpsit on promise to pay the debt of another. Before Carr, J. The facts appear by the opinion of the Superior Court. Error assigned was refusal to take off nonsuit. — There was ample proof that the association decided to sue. When members of an unincorporated association…
1Opinion of the Court
Opinion by
Henderson, J.,
The plaintiff’s evidence, if credited by the jury, would show the following facts: For some time prior to June 15, 1903, an unincorporated association, -known as the Commercial Co-operative Association, existed in Philadelphia, whose object was the accumulation of a fund to be loaned to members of the organization. On June 15, 1903, Martin Kohn, a member of the association, borrowed therefrom $750 and gave his promissory note for the same, payable on demand, on which note Weisen Brothers were indorsers. A payment of $200 was subsequently made thereon by the maker. At a…
2Cases cited8 opinions
- Emerson v. SlaterSupreme Court of the United States · 1860
- Liederkranz Singing Society v. Turn-VereinSupreme Court of Pennsylvania · 1894
- Phipps v. JonesSupreme Court of Pennsylvania · 1853
- Fletcher v. TribeSuperior Court of Pennsylvania · 1899
- Fehlinger v. WoodSupreme Court of Pennsylvania · 1890
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- Hocker v. Thomson, Pennsylvania Court of Common Pleas, Dauphin County1953