Continental Can Co. v. Mittelman

Lackawanna County Court of Common Pleas

Continental Can Co. v. Mittelman

44 Pa. D. & C. 455, 1942 Pa. Dist. & Cnty. Dec. LEXIS 395

CourtPennsylvania Court of Common Pleas, Lackawanna County

DecidedJune 10, 1942

Docketno. 440

StatusPublished

This text of 44 Pa. D. & C. 455 (Continental Can Co. v. Mittelman) is published on Counsel Stack Legal Research, covering Pennsylvania Court of Common Pleas, Lackawanna County primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Continental Can Co. v. Mittelman, 44 Pa. D. & C. 455, 1942 Pa. Dist. & Cnty. Dec. LEXIS 395 (Pa. Super. Ct. 1942).

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Opinion

L]~&cH, P. J.,

It appears from the pleadings that both defendants guaranteed a claim of plaintiff for goods sold to a corporation conducted by one of the defendants, which has since become insolvent. The case came up for trial and was continued. In the meantime M. A. Mittelman enlisted in the Army and his deposition was not taken. The case was continued for that purpose. Later he sent back a self-serving declaration in a letter, in which he stated that an officer, unnamed, had told him that depositions could not be taken in camp.

Under these circumstances we see no reason why the case should not proceed to trial against Samuel Mittel-man regardless of the fact that many of the details of the claim may be in possession of M. A. Mittelman.

[456]*456Now, June 10,1942, the proceedings are stayed as to M. A. Mittelman without prejudice to the right of plaintiff to proceed against Samuel Mittelman.

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L]~&cH, P. J.,

It appears from the pleadings that both defendants guaranteed a claim of plaintiff for goods sold to a corporation conducted by one of the defendants, which has since become insolvent. The case came up for trial and was continued. In the meantime M. A. Mittelman enlisted in the Army and his deposition was not taken. The case was continued for that purpose. Later he sent back a self-serving declaration in a letter, in which he stated that an officer, unnamed, had told him that depositions could not be taken in camp.

Under these circumstances we see no reason why the case should not proceed to trial against Samuel Mittel-man regardless of the fact that many of the details of the claim may be in possession of M. A. Mittelman.

[456]*456Now, June 10,1942, the proceedings are stayed as to M. A. Mittelman without prejudice to the right of plaintiff to proceed against Samuel Mittelman.

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Bluebook (online)

44 Pa. D. & C. 455, 1942 Pa. Dist. & Cnty. Dec. LEXIS 395, Counsel Stack Legal Research, https://law.counselstack.com/opinion/continental-can-co-v-mittelman-pactcompllackaw-1942.