Deacon v. Hendricks
| Citation | 66 Pa.Super. 36 |
| Decision Date | 13 March 1917 |
| Docket Number | 369-1915 |
| Parties | Deacon, Appellant, v. Hendricks |
| Court | Pennsylvania Superior Court |
Argued November 2, 1916
Appeal by plaintiff, from judgment of Municipal Court, Philadelphia Co.-1915, No. 423, for defendant on trial by the court without a jury in case of John R. Deacon v. Edith S. Hendricks.
Assumpsit on a promissory note. Before Bonniwell, J.
Error assigned was the judgment of the court in favor of the defendant for $ 496.80.
Affirmed.
John Mahn Thissell, with him J. Quincy Hunsicker, for appellant.
Leon H. Folz, with him Stanley Folz, for appellee.
Before Orlady, P. J., Porter, Henderson, Head, Kephart, Trexler and Williams, JJ.
On the trial in the court below, which was had without a jury, there were no requests for any finding of fact, and the record does not disclose an exception to the ruling of the court, either to the admission or exclusion of evidence. The finding is, the conclusion of the trial judge, based on the testimony presented, and we follow the rule laid down in Herring v. Weinroth, 61 Pa.Super. 529, and in Peoples v. Philadelphia, 62 Pa.Super. 553, in which we held,
After a careful consideration we accept the conclusion reached by the trial judge, and the judgment is affirmed.
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Robinson Elec. Co. v. Capitol Trucking Corp.
...amply supported by the evidence. Horsfield v. Metropolitan Life Insurance Co., 124 Pa.Super. 458, 462, 189 A. 892; Deacon v. Hendricks, 66 Pa.Super. 36; Emerson C. Custis & Co. v. Tradesmans National Bank & Trust Co., 155 Pa.Super. 282, 284, 38 A.2d The granting of a new trial on the ground......
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McKeage Mach. Co. v. Osborne & Sexton Mach. Co.
...finding of the learned trial judge; and that finding in plaintiff's favor is equivalent to the verdict of a jury. Deacon v. Hendricks, 66 Pa.Super. 36; Emmons v. Courtenay, 66 Pa.Super. The first and second assignments of error must therefore be overruled. The third assignment of error rela......
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Cohen v. Keystone Mut. Cas. Co.
...of law which led to such finding. See Philadelphia & Gulf Steamship Co. v. Clark, 59 Pa. Super. 415, 422; Deacon v. Hendricks, 66 Pa.Super. 36; Jann v. Linton's Lunch, Pa.Super., 29 A.2d 219. Defendant's motion for judgment n.o.v. having been dismissed and judgment entered on the finding, d......
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Cohen v. Keystone Mutual Casualty Co.
... ... conclusions of law which led to such finding. See ... Philadelphia & Gulf Steamship Co. v. Clark, 59 ... Pa.Super. 415, 422; Deacon v. Hendricks, 66 ... Pa.Super. 36; Jann v. Linton's Lunch , 150 ... Pa.Super. 653, 29 A.2d 219. Defendant's motion for ... judgment n.o.v. having ... ...