Fertax Co. v. Spiegelman

Supreme Court of Pennsylvania
Fertax Co. v. Spiegelman, 140 A. 853 (Pa. 1928)
292 Pa. 139; 1928 Pa. LEXIS 582
Moschzisker, Frazer, Walling, Simpson, Kephart, Sadler, Schaeeer

Fertax Co. v. Spiegelman

Opinion of the Court

Per Curiam,

These four appeals involve two actions of assumpsit instituted by the same plaintiff against two different *140 defendants, wherein the jury rendered verdicts for both of the latter. Plaintiff filed motions in each case for judgment non obstante veredicto and for a new trial. The court below refused the motions for judgment n. o. v., and plaintiff has taken appeals from the orders to that effect; it granted the motions for a new trial, and each defendant has appealed from these orders. All of the appeals will be disposed of together.

In its opinion in support of the orders appealed from, the court below, after reviewing the facts attending the execution of the notes in suit and the defense thereto, states that β€œthe interests of right and justice require that the cases shall be retried.” Under such circumstances, we do not interfere on appeal. These cases, as to both sets of appeals, fall within the rules stated by us in March v. Philadelphia & West Chester Traction Co., 285 Pa. 413; Pringle v. Smith, 286 Pa. 152, 154; Baranowski v. Lackawanna & W. V. R. R. Co., 288 Pa. 461, 462; Jones v. Penna. R. R. Co., 289 Pa. 424, 425-426; Regan v. Davis, 290 Pa. 167, 169, 170.

The orders under review are affirmed.

Reference

Full Case Name
Fertax Co. v. Spiegelman Et Al., Appellants; Fertax Co. v. Spiegelman, Appellant; Fertax Co. v. Siman, Appellant
Cited By
8 cases
Status
Published