Public-domain · open source
OpenJurist

65 Pa. Super. 273

Shapiro v. Rosenstein

Superior Court of Pennsylvania

Decided December 18, 1916

Superior Court of Pennsylvania · decided 1916-12-18

Appeal, No. 187, Oct. T., 1916, by defendant, from judgment of Municipal Court, Philadelphia Co., Feb. T., 1916, No. 215, for plaintiff on case tried by the court without a jury in suit of Harry Shapiro v. Solomon Rosenstein. Assumpsit on a check. The case was tried by the court without a jury.

Affirmed · Decided 1916-12-18

¶1Opinion by

Orlady, P. J.,

¶2This action of assumpsit was heard before a judge of the Municipal Court without the intervention of a jury, and resulted in a finding for the plaintiff for $100.50. The facts were fully developed through the testimony of the parties and their supporting witnesses, and the defense interposed by the defendant to evade payment of his own check made it necessary for him to challenge the legality of his election as secretary of a taxi company, though so far as is shown by the record his election was accepted as regular in every particular by all other parties in interest. The effort to sustain his contention in the language of the trial judge was “too feeble to warrant serious consideration, and that the defendant should pay the plaintiff the amount of the check he gave him, both in point of moral and of law.”

¶3A careful examination of the record satisfies us that the judgment was rightly entered, and it is now affirmed.

/65/pasuper/273 · .json · Public domain