Moore v. Phillips
Superior Court of Pennsylvania
Appeal, No. 153, Oct. T., 1897, by defendant, from judgment of C. P. Montgomery Co., March T., 1896, No. 132, on verdict for plaintiff. Assumpsit. Before Weand, J. The facts sufficiently appear in the opinion of the court. Verdict and judgment for plaintiff for $328.53. Defendant appealed. Errors assigned among others were (1) In refusing binding instructions for defendant.
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Appeal, No. 153, Oct. T., 1897, by defendant, from judgment of C. P. Montgomery Co., March T., 1896, No. 132, on verdict for plaintiff. Assumpsit. Before Weand, J. The facts sufficiently appear in the opinion of the court. Verdict and judgment for plaintiff for $328.53. Defendant appealed. Errors assigned among others were (1) In refusing binding instructions for defendant. (2) In charging the jury as follows: “Now I charge you that if that was the understanding and agreement between these parties at the time, that is, that no consideration passed from the defendant to the plaintiff and that…
1Opinion of the Court
Opinion by
Orlady, J.,
This suit rvas brought to recover a sum of money which the plaintiff alleged he had been obliged to pay for the defendant, by reason of being an accommodation maker for liim on a note wMch the defendant refused to pay at maturity. The proceeds of the note had been received 'by the defendant, and its pay*572ment was refused by tbe maker ou tbe ground that tbe note was given as a consideration for two horses, which the defendant had sold to the plaintiff about the date of the note.
The controlling fact in the case was whether the note had been given for the two horses, or, as an…
2Cases cited4 opinions
- Conmey v. MacfarlaneSupreme Court of Pennsylvania · 1881
- Estate of TaskerSupreme Court of Pennsylvania · 1897
- Sheaffer v. SensenigSupreme Court of Pennsylvania · 1897
- Holohan v. MixSupreme Court of Pennsylvania · 1890