Legal Opinion

Hawn v. Stoler

Supreme Court of Pennsylvania

Decided April 11, 1904No. Appeal, No. 118PublishedCited by 11 opinions

Appeal, No. 118, Jan. T., 1903, by défendant, from judgment of Superior Court, Oct. T., 1902, No. 151, reversing judgment of C. P. Franklin Co., Feb. T., 1901, No. 83, for defendant non obstante veredicto in case of Mary Hawn v. Samuel M. Stoler, Executor of A. B. Stoler, Deceased. Appeal from Superior Court. See 22 Pa. Superior Ct. 307. The facts appear by the opinion of the Supreme Court. Error assigned was the judgment of the Superior Court.

1Opinion of the Court

Opinion by

Mr. Justice Potter,

This was an action of assumpsit by Mary Hawn against A. B. Stoler, to recover the sum of $300 as a donatio causa mortis alleged to have been made to plaintiff by Catherine J. Little, and which subsequently came into the hands of defendant.

Upon the trial the learned judge of the court of common pleas directed the jury to find a verdict for the plaintiff, subject to the question of law reserved, whether there was any evidence in case upon which the plaintiff is entitled to recover. Judgment was afterwards entered for the defendant non obstante veredicto. Upon appeal…

2Cases cited5 opinions

  1. Appeal of FrossSupreme Court of Pennsylvania · 1884
  2. Craig v. TuckerSupreme Court of Pennsylvania · 1811
  3. Bond v. BuntingSupreme Court of Pennsylvania · 1875
  4. Drew v. HagertySupreme Judicial Court of Maine · 1889
  5. Michener v. DaleSupreme Court of Pennsylvania · 1854

3Cited by11 opinions

  1. Packer v. ClemsonSupreme Court of Pennsylvania · 1920
  2. Szabo v. SpeckmanSupreme Court of Florida · 1917
  3. Turner's EstateSupreme Court of Pennsylvania · 1914
  4. Russell EstateSupreme Court of Pennsylvania · 1956
  5. Waugh v. RichardsonWest Virginia Supreme Court · 1929

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