Edsall v. Reynard
Superior Court of Pennsylvania
Appeal, No. 66, March T., 1909, by defendant, from judgment of C. P. Wayne Co., June T., 1906, No. 152, on verdict for plaintiff in case of Joseph Edsall v. John Reynard. Assumpsit to recover moneys alleged to have been paid in excess of an amount due on a note. Before Purdy, P. J. The opinion of the Superior Court states the case. Verdict and judgment for plaintiff for $163.97. Defendant appealed. Error assigned was in submitting the case to the jury.
1Opinion of the Court
Opinion by
Morrison, J.,
The plaintiff was indebted to the defendant on a note, dated *143April 4, 1893, in the sum of $368, due six months after date. The evidence shows that the plaintiff was also indebted to the defendant on several other transactions, at least one of which was another note. It is conceded that the note first above mentioned was paid by the plaintiff many years before the commencement of this suit; the last payment thereon was made on August 15, 1898 or 1899. The theory on which the plaintiff recovered in this case was that he overpaid the defendant the amount due on said note…
2Cases cited5 opinions
- Palmer v. GillespieSupreme Court of Pennsylvania · 1880
- Henry v. ZurfliehSupreme Court of Pennsylvania · 1902
- Hazlett v. StillwagenSuperior Court of Pennsylvania · 1903
- Linderman v. Pomeroy, Pennsylvania Court of Common Pleas, Bradford County1891
- Macrum v. MarshallSupreme Court of Pennsylvania · 1889