Levison v. Blumenthal
Superior Court of Pennsylvania
Appeal, No. 70, Jan. T., 1904, t>y plaintiffs, from judgment of C. P. Luzerne Co., Dec. T., 1898, No. 389, on verdict for defendant in case of Isidor Levison and Louis Hirseh v. Charles A. Blumenthal. Assumpsit on a foreign judgment. Before Wheaton, J. At the trial it appeared that the plaintiffs brought a suit in 1888 against the defendant to recover for goods sold and delivered. By agreement this suit was referred to James L. Lenahan, Esq., as referee.
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Appeal, No. 70, Jan. T., 1904, t>y plaintiffs, from judgment of C. P. Luzerne Co., Dec. T., 1898, No. 389, on verdict for defendant in case of Isidor Levison and Louis Hirseh v. Charles A. Blumenthal. Assumpsit on a foreign judgment. Before Wheaton, J. At the trial it appeared that the plaintiffs brought a suit in 1888 against the defendant to recover for goods sold and delivered. By agreement this suit was referred to James L. Lenahan, Esq., as referee. Neither plaintiffs nor their counsel appeared before the referee, and there was no trial upon the merits. The referee entered judgment for…
1Opinion of the Court
Opinion by
Henderson, J.,
The plaintiffs’ action was based upon a judgment obtained in a court of record in the city of New York. The defendant denied liability in the court below for the reason that a prior suit was brought by the same plaintiffs for the same cause of action in Luzerne county, Pennsylvania, in which there had been a judgment in favor of the defendant for costs. The court below instructed the jury that the plaintiffs were not entitled to recover. The material question in the case is raised by the tenth assignment of error, involving the refusal of the court to affirm the…
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