Legal Opinion

Yoter v. Sanno

Supreme Court of Pennsylvania

Decided May 15, 1837PublishedCited by 7 opinions

ERROR to the common pleas of Cumberland county. Action of assumpsit. John Yoter against Michael Sanno. This action was brought by the plaintiff upon an alleged agreement between him and the defendant, by which they, being each the owners of a ticket in the Union Canal Lottery, agreed to share with each other whatever might be drawn by either. Yoter’s ticket drew a prize of 1 dollar and 25 cents — and Sanno’s a prize of 5000 dollars.

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ERROR to the common pleas of Cumberland county. Action of assumpsit. John Yoter against Michael Sanno. This action was brought by the plaintiff upon an alleged agreement between him and the defendant, by which they, being each the owners of a ticket in the Union Canal Lottery, agreed to share with each other whatever might be drawn by either. Yoter’s ticket drew a prize of 1 dollar and 25 cents — and Sanno’s a prize of 5000 dollars. Sanno received the money which his ticket drew, and denied that any such contract or agreement was made between them. And this action was brought to recover one…

1Opinion of the Court

The opinion of the Court was delivered by

Gibson, C. J.

There are presumptions of mere fact, which are of growing importance in the application of evidence, and which temper the severity of its rules as abstractions, by adapting them more intimately to convenience and justice in practice. Standing towards the circumstances from which they spring, in the relation of cause and effect, they are founded, not in artificial connections, but in the current of human affairs; nor have they a technical force beyond their natural power of creating belief. They are conclusions from experience, that the…

2Cases cited1 opinion

  1. Gray v. PentlandSupreme Court of Pennsylvania · 1815

3Cited by7 opinions

  1. Worthington v. ScribnerMassachusetts Supreme Judicial Court · 1872
  2. Chrysler v. . RenoisNew York Court of Appeals · 1870
  3. Meyer v. Home Insurance Co.Wisconsin Supreme Court · 1906
  4. State ex rel. Douglas v. TuneMissouri Court of Appeals · 1918
  5. State ex rel. Douglas v. ReynoldsSupreme Court of Missouri · 1919

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