Kennedy v. McCain

Armstrong County Court of Common Pleas

Kennedy v. McCain

23 A. 322, 146 Pa. 63, 1892 Pa. LEXIS 1195

CourtPennsylvania Court of Common Pleas, Armstrong County

DecidedJanuary 4, 1892

DocketNo. 45

StatusPublished

This text of 23 A. 322 (Kennedy v. McCain) is published on Counsel Stack Legal Research, covering Pennsylvania Court of Common Pleas, Armstrong County primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Kennedy v. McCain, 23 A. 322, 146 Pa. 63, 1892 Pa. LEXIS 1195 (Pa. Super. Ct. 1892).

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Opinion

Pee Curiam :

We are of opinion that the learned judge below was right in directing a compulsory nonsuit. The plaintiff had entirely failed to sho,w any breach of contract. On the contrary, it may be fairly inferred from her own testimony, that Mr. Gil-pin had invested the money referred to in his receipt of February 5,1874. That it may have been lost is not to the purpose, as Mr. Gilpin did not guarantee the sufficiency of the security, and this suit is not upon a guaranty.

Judgment affirmed.

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Pee Curiam :

We are of opinion that the learned judge below was right in directing a compulsory nonsuit. The plaintiff had entirely failed to sho,w any breach of contract. On the contrary, it may be fairly inferred from her own testimony, that Mr. Gil-pin had invested the money referred to in his receipt of February 5,1874. That it may have been lost is not to the purpose, as Mr. Gilpin did not guarantee the sufficiency of the security, and this suit is not upon a guaranty.

Judgment affirmed.

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Bluebook (online)

23 A. 322, 146 Pa. 63, 1892 Pa. LEXIS 1195, Counsel Stack Legal Research, https://law.counselstack.com/opinion/kennedy-v-mccain-pactcomplarmstr-1892.