Bitterling v. Deshler

Decided February 12, 1894

Supreme Court of Pennsylvania · decided 1894-02-12

Appeal, No. 34, July T., 1893, by plaintiffs, Celinda Bitterling, Annie E. Seip et al., surviving executrices of Sarah Keipler, deceased, from judgment of C. P. Lehigh Co., Nov. T., 1891, No. 45, entering nonsuit in favor of defendant, William H. Deshler. Assumpsit against agent for account. Before Albright, P. J. At the trial it appeared that Annie E. Seip was the only contending plaintiff.

Affirmed · Decided 1894-02-12

Per Curiam,

¶1An examination of the testimony in this case convinces us that there is no merit in the claim of the plaintiffs, and that they were not entitled to recover anything in any form of action. The proposed amendment therefore, even if applied for in time, which it was not, would be of no service to the plaintiffs, as it would give them no cause of action for which a recovery could be had. The motion to amend by changing the form of action was not made until nearly six months after the judgment of nonsuit was entered, and after the statute of limitations had become a bar to the action. Of course it was too late and was rightly refused.

¶2Judgment affirmed.