Dalmas v. Kemble
Supreme Court of Pennsylvania
Appeal, No. 379, Jan. T., 1905, by-plaintiff, from judgment of C. P. No. 3, Phila. Co., Sept. T., 1901, No. 1,339, for defendant non obstante veredicto in case of Louis Dalrnas v. Clay Kemble. Assumpsit for commissions. Before McMichael, J. At the trial the jury returned a verdict for plaintiff for $5,000. On a motion for judgment non obstante veredicto under the Act of April 22, 1905, P. L. 286, the court entered judgment for the defendant non obstante veredicto.
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Appeal, No. 379, Jan. T., 1905, by-plaintiff, from judgment of C. P. No. 3, Phila. Co., Sept. T., 1901, No. 1,339, for defendant non obstante veredicto in case of Louis Dalrnas v. Clay Kemble. Assumpsit for commissions. Before McMichael, J. At the trial the jury returned a verdict for plaintiff for $5,000. On a motion for judgment non obstante veredicto under the Act of April 22, 1905, P. L. 286, the court entered judgment for the defendant non obstante veredicto. Error assigned was the judgment of the court.
1Opinion of the Court
Opinion by
Mr. Chief Justice Mitchell,
The defendant being desirous of procuring a loan applied to several brokers, among whom were plaintiff and one MacDonald, to get it for him. Both brokers negotiated with the United Security Company which finally made the loan, and the issue in the present case was who was the first and efficient procurer. The security company acted on a formal application filed by MacDonald, but plaintiff testified that the MacDonald negotiations were merely part of plaintiff’s and there was other evidence to this effect, among which was the very significant fact *411that the…
2Cases cited3 opinions
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- Commonwealth v. HellerSuperior Court of Pennsylvania · 1941
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