Katzenberg v. Oberndorf
Superior Court of Pennsylvania
Appeal, No. 37, Oct. T., 1918, by defendant, from judgment of O. P. No. 4, Philadelphi a Co., Sept. T., 1916, No. 771, on verdict for plaintiff in case of Isaac Katzenberg et al., trading as Jacob Stern & Son, v. Herman Oberndorf et al., trading as Oberndorf & Sons. Assumpsit for breach of contract in failing to deliver hides. Before Finletter, J. Verdict and judgment for plaintiff for $1,222.96. Defendant appealed.
Read the full summary
Appeal, No. 37, Oct. T., 1918, by defendant, from judgment of O. P. No. 4, Philadelphi a Co., Sept. T., 1916, No. 771, on verdict for plaintiff in case of Isaac Katzenberg et al., trading as Jacob Stern & Son, v. Herman Oberndorf et al., trading as Oberndorf & Sons. Assumpsit for breach of contract in failing to deliver hides. Before Finletter, J. Verdict and judgment for plaintiff for $1,222.96. Defendant appealed. Errors assigned were various portions of charge, and failure adequately to submit the matters in issue to the jury.
1Opinion of the Court
Opinion by
Henderson, J.,
The appellants assignments relate to the charge of the court and the argument is largely devoted to a discussion of the second assignment which alleges failure on the part of the trial judge to “adequately and justly and fairly submit the matters in issue” for the proper consideration of the jury. Specific complaints are: (a) a comment on the depositions offered by the defendants; (b) a remark that the plaintiffs’ witness appeared to have no financial interest in the case; and (c) that he naturally would have accepted rather than rejected the hides if they had been in…
2Cases cited3 opinions
- Fowler v. SmithSupreme Court of Pennsylvania · 1893
- Lappe v. GfellerSupreme Court of Pennsylvania · 1905
- Bernstein v. WalshSuperior Court of Pennsylvania · 1907
3Cited by1 opinion
- Commonwealth v. WilsonSuperior Court of Pennsylvania · 1921