146 Pa. 63
Pennsylvania Court of Common Pleas, Armstrong County
Decided January 4, 1892
Pennsylvania Court of Common Pleas, Armstrong County · decided 1892-01-04
No. 45 October Term 1891, Sup. Ct.; court below, No. 168 December Term 1888, C. P. On October 29, 1888, A. B. Kennedy and Mary J., his wife, in right of said wife, brought assumpsit against James H. McCain, executor of John Gilpin, deceased, filing a statement of claim the first count of which averred that A. B. Kennedy and M. J. Kennedy, his wife, in right of said M. J. Kennedy (formerly Dougherty), complained: “ For that whereas the said John Gilpin did on the fifth day of…
Decided 1892-01-04
¶1We are of opinion that the learned judge below was right in directing a compulsory nonsuit. The plaintiff had entirely failed to sho,w any breach of contract. On the contrary, it may be fairly inferred from her own testimony, that Mr. Gil-pin had invested the money referred to in his receipt of February 5,1874. That it may have been lost is not to the purpose, as Mr. Gilpin did not guarantee the sufficiency of the security, and this suit is not upon a guaranty.
¶2Judgment affirmed.