Shepherd v. Busch
Supreme Court of Pennsylvania
Appeal, No. 216, Jan. T., 1893, by defendant, Clarence M. Busch, from judgment of C. P. No. 1, Phila. Co., Dec. T., 1891, No. 204, on verdict for plaintiff. Assumpsit on building contract. At the trial before Bregy, J., it appeared that defendant owed plaintiff $1,405 balance on building contract.
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Appeal, No. 216, Jan. T., 1893, by defendant, Clarence M. Busch, from judgment of C. P. No. 1, Phila. Co., Dec. T., 1891, No. 204, on verdict for plaintiff. Assumpsit on building contract. At the trial before Bregy, J., it appeared that defendant owed plaintiff $1,405 balance on building contract. On Oct. 3, 1891, plaintiff received from defendant two promissory notes for $500 each of the T. C. Knauff Co., and $425 iij cash, and gave a.reeeipt for $1,405, the notes being taken at a discount of two per cent from their face. The receipt did not show that the notes were taken as an absolute…
1Opinion of the Court
Opinion by
Mr. Justice Green,
The question whether the two notes for $500 each were taken as absolute payment of that amount of the debt due by the defendant to the plaintiff, was a pure question of fact dependent upon whether an actual agreement to that effect was made by the parties. It was, of course, for the exclusive determination of the jury. The learned court below very correctly instructed them as to their duty and as to the character of the question they were to decide. The whole subject was left entirely to them and they found that the notes were not taken as payment, and an…
2Cases cited2 opinions
- N. Holmes & Sons v. Briggs & DrumSupreme Court of Pennsylvania · 1890
- League v. Waring & Co.Supreme Court of Pennsylvania · 1877
3Cited by10 opinions
- Philadelphia v. StewartSupreme Court of Pennsylvania · 1900
- Joseph Melnick Building & Loan Ass'n v. MelnickSupreme Court of Pennsylvania · 1935
- Collins v. BuschSupreme Court of Pennsylvania · 1899
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- Cowen v. Indianapolis Life Insurance Co.Supreme Court of Florida · 1934
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