Legal Opinion

Patterson v. Dushane

Supreme Court of Pennsylvania

Decided March 7, 1887PublishedCited by 4 opinions

Error to the Court of Common Pleas of Fayette county: Of January Term, 1887, No. 250. Trover by Minerva S. Patterson aud M. M. Patterson, her husband, in right of the wife against Joshua M. Dushane to recover the value of $10,500 of registered 5-20 United States coupon bonds.

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Error to the Court of Common Pleas of Fayette county: Of January Term, 1887, No. 250. Trover by Minerva S. Patterson aud M. M. Patterson, her husband, in right of the wife against Joshua M. Dushane to recover the value of $10,500 of registered 5-20 United States coupon bonds. On the trial before Willsón, P. J., the piaintiff testified that the bonds in question had been given to her by her aunt, now dead, with whom she had lived for more than two years and whom she had nursed and cared for during this time. That she received them from her aunt and had them in her exclusive custody until the…

1Opinion of the CourtJustice Paxson

At the close of the trial below, the learned judge withdrew from the jury so much of the evidencé of both the plaintiff and defendant, as related to matters which occurred in the-life time of Sidney Connell. It is hardly necessary to say, that if he was right in withdrawing the testimony of the plaintiff; it was his plain duty to exclude that of the defendant. .No distinction can be made between them upon principle. 1

The action was trover, and the plaintiff claims to- recover the value-of $10,500 of government bonds which she alleged she deposited -with defendant for safe keeping. She…

2Cited by4 opinions

  1. McKnight v. BellSupreme Court of Pennsylvania · 1890
  2. Snyder v. Steinmetz & ZearfossSuperior Court of Pennsylvania · 1898
  3. William Golding v. Steamer C. CastroSupreme Court of Louisiana · 1868
  4. Yost v. Yost, Pennsylvania Court of Common Pleas, Lancaster County1925

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