Hughes & Dier v. McClure
Superior Court of Pennsylvania
Appeal, No. 128, April T., 1921, by defendant, from judgment of C. P. Beaver County, March T., 1920, No. 201, in the case of Henry W. Hughes and Elder B. Dier, Partners, trading and doing business as Hughes and Dier, v. John B. McClure. Assumpsit to recover purchase price of oil stock.
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Appeal, No. 128, April T., 1921, by defendant, from judgment of C. P. Beaver County, March T., 1920, No. 201, in the case of Henry W. Hughes and Elder B. Dier, Partners, trading and doing business as Hughes and Dier, v. John B. McClure. Assumpsit to recover purchase price of oil stock. Before Baldwin, J. Verdict for plaintiffs for $712.82. The defendant submitted a motion for judgment non obstante veredicto, which the court refused in the following opinion: Plaintiffs, Henry W. Hughes and Elder D. Dier, are licensed stockbrokers, doing business in the City of Pittsburgh, Pennsylvania, under…
1Opinion of the Court
Opinion by
Trexler, J.,
The plaintiffs in this case are Henry E. Hughes and Elder D. Dier, partners trading 'as Hughes and Dier. They bring suit against John B. McClure who puts in a defense to their action that the plaintiffs are doing business under an assumed or fictitious name, contrary to the provisions of the Act of Assembly June 28, 1917, P. L. 645. We have had a number of casés involving the construction of the act, but none exactly like this. In Moyer et al. v. Kennedy, 76 Pa. Superior Ct. 523, we had occasion to say “It may be argued that where the family names of all the partners…
2Cases cited1 opinion
- Moyer v. KennedySuperior Court of Pennsylvania · 1920
3Cited by9 opinions
- Auto Security Co. v. MickensSuperior Court of Pennsylvania · 1923
- Bower v. Marcelli, Pennsylvania Court of Common Pleas, Columbia County1975
- Christy v. Robinson, Pennsylvania Court of Common Pleas, Westmoreland County1922
- Fictitious Names Registration, Pennsylvania Department of Justice1931
- Marks v. McConnell, Pennsylvania Court of Common Pleas, Cumberland County1949
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