Legal Opinion

Knee v. McDowell

Superior Court of Pennsylvania

Decided July 28, 1904No. Appeal, No. 78PublishedCited by 1 opinion

Appeal, No. 78, April T., 1904, by plaintiff, from judgment of C. P. Mercer Co., Jan. T., 1900, No. 8, on verdict for plaintiff in case of Mary L. Knee v. A. McDowell, executor of I. D. Cole, Deceased. Assumpsit on a check alleged to have been given for services.

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Appeal, No. 78, April T., 1904, by plaintiff, from judgment of C. P. Mercer Co., Jan. T., 1900, No. 8, on verdict for plaintiff in case of Mary L. Knee v. A. McDowell, executor of I. D. Cole, Deceased. Assumpsit on a check alleged to have been given for services. Before Miller, P. J. The court charged in part as follows : [The defendant further requested that we instruct you as a matter of law that “ there is no sufficient evidence to warrant the jury in finding that the terms of the alleged contract were mutually agreed to by said parties,” This we refused, but' we say to you, gentlemen,…

1Opinion of the Court

Opinion by

Oblad y, J.,

This was an action of assumpsit brought to recover the *645amount of a check given by I. D. Cole to the plaintiff, for the sum of $5,000.

The plaintiff’s statement of claim set out the consideration of the check to be boarding, lodging, nursing, care and attention of I. D. Cole to October 26,1897, — the date of the check. During the trial an amendment of the statement was permitted so as to make the check cover both past and future services, until the death of Mr. Cole on December 6,1897.

The plaintiff was twenty-seven years of age, and related by marriage to I. D. Cole, who…

2Cases cited15 opinions

  1. Commonwealth v. BuccieriSupreme Court of Pennsylvania · 1893
  2. Worrall's AppealSupreme Court of Pennsylvania · 1885
  3. Commonwealth v. Van HornSupreme Court of Pennsylvania · 1898
  4. Darlington's EstateSupreme Court of Pennsylvania · 1892
  5. Johnson v. CommonwealthSupreme Court of Pennsylvania · 1887

10 more not listed; retrieve them via the Exa API.

3Cited by1 opinion

  1. Jackson v. HillersonSuperior Court of Pennsylvania · 1915

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