Sutterly v. Fleshman
Superior Court of Pennsylvania
Appeal, No. 275, Oct. T., 1910, by plaintiff, from order of C. P. No. 1, Phila. Co., March T., 1905, No. 423, sustaining demurrer in case of Edward C. Sutterly v. James B. Fleshman and Maurice H. Power, trading as J. B. Fleshman & Company. Demurrer to statement of claim. The opinion of the Superior Court states the case. Error assigned was in sustaining demurrer to statement. It' was error to sustain the demurrer: Huntington v. Attrill, 146 U. S. 657 (13 Sup. Ct.
Read the full summary
Appeal, No. 275, Oct. T., 1910, by plaintiff, from order of C. P. No. 1, Phila. Co., March T., 1905, No. 423, sustaining demurrer in case of Edward C. Sutterly v. James B. Fleshman and Maurice H. Power, trading as J. B. Fleshman & Company. Demurrer to statement of claim. The opinion of the Superior Court states the case. Error assigned was in sustaining demurrer to statement. It' was error to sustain the demurrer: Huntington v. Attrill, 146 U. S. 657 (13 Sup. Ct. Repr. 224); Forepaugh v. R. R. Co., 128 Pa. 217; Chicago & Alton R. R. Co. v. Ferry Co., 119 U. S. 615 (7 Sup. Ct. Repr. 398);…
1Opinion of the Court
Opinion by
Pouter, J.,
The plaintiff in this action of assumpsit filed a statement averring that he had, in the year 1904, engaged in a number of gambling transactions with the defendants, involving bets upon the advance or decline of the market price of certain stocks, giving the dates of the several bets and detailing the conditions of the wagers, and alleging that he had paid to the defendants as stakes in said wagers the aggregate sum of $1,400. The statement further averred that these wagers were made in the state of New Jersey, that the money was there paid to the defendants, and that…
2Cases cited4 opinions
- Gibson v. ToddSupreme Court of Pennsylvania · 1829
- Wyoming County v. BardwellSupreme Court of Pennsylvania · 1877
- Davis v. FleshmanSupreme Court of Pennsylvania · 1911
- Palethorp v. SchmidtSuperior Court of Pennsylvania · 1900