Zimmerman v. Snyder
Superior Court of Pennsylvania
Appeal, No. 78, Oct. T., 1898, by plaintiff:, from judgment of C. P. Lancaster Co., Dec. T., 1895, No. 55, on nonsuit. Assumpsit. Before Livingston, P. J. This case came up on appeal from judgment of the justice of the peace.
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Appeal, No. 78, Oct. T., 1898, by plaintiff:, from judgment of C. P. Lancaster Co., Dec. T., 1895, No. 55, on nonsuit. Assumpsit. Before Livingston, P. J. This case came up on appeal from judgment of the justice of the peace. From the transcript and statement and evidence it appears that plaintiff brought suit against the defendants on boolc account for groceries amounting to $370.85, on which credits were allowed, reducing the amount claimed to $115.76. The credits allowed were for cash, cigars, trees, etc., furnished plaintiff by defendants; also for board which had been provided for by an…
1Opinion of the Court
Opinion by
Rice, P. J.,
There are dicta in some of the earlier cases to the effect, that a plaintiff may remit a portion of his claim, in order to bring it *203within the jurisdiction of a justice of the peace: Darrah v. Warnoch, 1 P. & W. 21; Cleaden v. Yeates, 5 Wh. 94. But later decisions hold, that as to the principal of the claim this cannot be done: Stroh v. Uhrich, 1 W. & S. 57; Collins v. Collins, 37 Pa. 387 ; Bower v. McCormick, 73 Pa. 427 ; Peters v. Schlosser, 81 Pa. 439. “A non claim of interest is very unlike a voluntary reduction of the principal. The one is the absence of the…
2Cases cited8 opinions
- Stroh v. UhrichSupreme Court of Pennsylvania · 1841
- Collins v. CollinsSupreme Court of Pennsylvania · 1861
- McFarland v. O'NeilSupreme Court of Pennsylvania · 1893
- Bower v. McCormickSupreme Court of Pennsylvania · 1873
- Evans v. HallSupreme Court of Pennsylvania · 1863
3 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Ballingall v. KiteSuperior Court of Pennsylvania · 1909