Lerch v. Bard
Supreme Court of Pennsylvania
Appeal, No. 116, July T., 1895, by plaintiff, from judgment of C. P. Berks Co., Feb. T., 1892, No. 51,- on verdict for defendants. Assumpsit upon a promissory note. Before Endlich, J. At the trial it appeared that the note sued upon was as follows : “ $8000. Reading, Pa., October 1,1890. “ One year after date we promise to pay to the order of Annetta K. Lerch, Three Thousand Dollars at lawful interest, without defalcation. Value received.
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Appeal, No. 116, July T., 1895, by plaintiff, from judgment of C. P. Berks Co., Feb. T., 1892, No. 51,- on verdict for defendants. Assumpsit upon a promissory note. Before Endlich, J. At the trial it appeared that the note sued upon was as follows : “ $8000. Reading, Pa., October 1,1890. “ One year after date we promise to pay to the order of Annetta K. Lerch, Three Thousand Dollars at lawful interest, without defalcation. Value received. “ American Plumbago Mining Co., “ William P. Bard, Manager.” The evidence tended to show that William P. Bard was defendants’ manager with power to borrow…
1Opinion of the Court
Opinion by
Mr. Justice Dean,
We regret the necessity of sending this case back for retrial. In the late case of Reichenbach v. Ruddach, 127 Pa. 564, some-of the cases on the subject of one-sided charges are cited, and our Brother Gbeen, on page 600, speaking for the court, uses-this language: “We have so frequently held, that giving undue-prominence to the testimony of one side of a case'is error, that a. reference to the cases is unnecessary.” Here, the learned judge of the court below took up and referred to no less than six items-of evidence adduced by defendants, and prominently presented…
2Cases cited1 opinion
- Reichenbach v. RuddachSupreme Court of Pennsylvania · 1889
3Cited by6 opinions
- Taylor v. SattlerSuperior Court of Pennsylvania · 1897
- Commonwealth v. GoldbergSuperior Court of Pennsylvania · 1897
- Weiss v. London Guarantee & Accident Co.Supreme Court of Pennsylvania · 1924
- J. B. Larzelere & Son v. TielSuperior Court of Pennsylvania · 1896
- Fineburg v. Second & Third Streets Passenger Railway Co.Supreme Court of Pennsylvania · 1897
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