Steere v. Oakley
Supreme Court of Pennsylvania
Appeal, No. 327, Jan. T., 1897, by plaintiff, from judgment of Superior Court, Jan. T., 1897, No. 32, reversing judgment of C. P. Lackawanna Co., June T., 1889, No. 581, on verdict for plaintiff. Appeal from the Superior Court. Assumpsit to recover an alleged overpayment on account of the principal and interest of a mortgage. Before Edwards, J. Tlie facts appear by tbe opinion of tbe Superior Court, reported in 5 Pa. Superior Ct. 46, and the opinion of the Supreme Court.
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Appeal, No. 327, Jan. T., 1897, by plaintiff, from judgment of Superior Court, Jan. T., 1897, No. 32, reversing judgment of C. P. Lackawanna Co., June T., 1889, No. 581, on verdict for plaintiff. Appeal from the Superior Court. Assumpsit to recover an alleged overpayment on account of the principal and interest of a mortgage. Before Edwards, J. Tlie facts appear by tbe opinion of tbe Superior Court, reported in 5 Pa. Superior Ct. 46, and the opinion of the Supreme Court. Errors assigned among others were portions of tbe opinion of the Superior Court, quoting them, as follows : (4) There can…
1Opinion of the Court
Opinion by
Me. Justice Dean,
In this case, the common pleas, considering the issue mainly one of fact, on contradictory evidence, twice submitted it to the jury, who at both trials found for plaintiff. On the second verdict judgment was entered and an appeal taken therefrom to the Superior Court; that court, considering there was not sufficient evidence to warrant the verdict, reversed the judgment without a venire.
The plaintiff was an illiterate farmer; he borrowed, on April 16, 1872, from Nichols, executor of Kingsley, $945.27, and to secure the loan gave bond accompanied by mortgage on his…
2Cited by1 opinion
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