HURTT v. STIRONE


416 Pa. 493 (1965)

Hurtt, Trustee, Appellant, v. Stirone, Appellant.

Supreme Court of Pennsylvania.

January 14, 1965.


Attorney(s) appearing for the Case

David McNeil Olds, with him Blair S. McMillin, and Reed, Smith, Shaw & McClay, for plaintiff.

Lloyd F. Engle, Jr., with him Wilner, Wilner & Kuhn, for defendant.

Before BELL, C.J., MUSMANNO, JONES, COHEN, EAGEN and O'BRIEN, JJ.


OPINION BY MR. JUSTICE EAGEN, January 14, 1965:

This case presents two appeals from a judgment entered in the Court of Common Pleas of Allegheny County.

The factual background is as follows:

The plaintiff, Trustee in Bankruptcy of the Estate of William G. Rider, individually and trading as Rider Supply Company and Rider Construction Company, bankrupt, brought this action of assumpsit in his capacity as trustee to recover a sum of money paid by Rider...

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