Brown v. Campbell
Supreme Court of Pennsylvania
In Error. ERROR to the Common Pleas of Franklin county. This was an action brought by Charles Campbell, the plaintiff below, .against John Brown, the defendant, for money lent, and money paid for his use, and for money had and received by the defendant for the use of the plaintiff. The defendant pleaded non assumpsit, and the act of limitations, and thereupon, issues were joined.
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In Error. ERROR to the Common Pleas of Franklin county. This was an action brought by Charles Campbell, the plaintiff below, .against John Brown, the defendant, for money lent, and money paid for his use, and for money had and received by the defendant for the use of the plaintiff. The defendant pleaded non assumpsit, and the act of limitations, and thereupon, issues were joined. The plaintiff gave evidence to prove that his agent, William Findley, had paid a sum of money belonging to him, to Andrew Kennedy and Company, of Philadelphia, for the use, and on account of the defendant. . - The…
1Opinion of the Court
Tilghman C. J.
after stating the case, delivered his opinion as follows : — The counsel for either party have a right to ask the opinion of the court, on any point of law arising out of the evidence, and pertinent to the issue. But they have no right to ask an opinion on matter of fact; nor in a case like the present, consisting of evidence, both written and parol, had the counsel for the defendant a right to ask an opinion, whether upon the whole the plaintiff had supported his action ; because such an opinion cannot be given, without *179deciding facts which are not within the province of the…
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