Prichett v. Cook
Supreme Court of Pennsylvania
May 12th 1869. Before Thompson, C. J., Read, Agnew, Sharswood and Williams, JJ. Error to the Court of Common Pleas of Franklin county: No. 57, to May Term 1869. This was an issue under the Sheriff’s Interpleader Act, in which Samuel Baugh and others, trading as Prichett, Baugh & Co., were plaintiffs and claimants, and Jacob B. Cook was defendant.
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May 12th 1869. Before Thompson, C. J., Read, Agnew, Sharswood and Williams, JJ. Error to the Court of Common Pleas of Franklin county: No. 57, to May Term 1869. This was an issue under the Sheriff’s Interpleader Act, in which Samuel Baugh and others, trading as Prichett, Baugh & Co., were plaintiffs and claimants, and Jacob B. Cook was defendant. The issue was ordered December 30th 1868. Several judgments had been recovered against John B. Cook; amongst others, one in favor of Jacob B. Cook for $2500. Executions were issued on all the judgments, placed in the hands of the sheriff November…
1Opinion of the Court
The opinion of the court was delivered,
by Thompson, C. J.
It would undoubtedly have been error had the learned judge below given peremptory instructions to the jury to find in favor of the defendant, the contract on which the plaintiffs were claiming to recover, resting wholly in parol, had it not been that they, assuming the contract to be proved in accordance, with their theory, asked him to charge that the plaintiff was entitled to recover. He refused the prayer, and charged that on the undisputed facts in regard to the contract, the defendant was entitled to the verdict.
The fact that the…
2Cases cited1 opinion
- Jenkins v. EichelbergerSupreme Court of Pennsylvania · 1835
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- Enterprise Wall Paper Co. v. Rantoul Co.Supreme Court of Pennsylvania · 1918
- West Side Bank v. Beaver Valley Coal Co., Pennsylvania Court of Common Pleas, Luzerne County1927