Linderman v. Pomeroy
Pennsylvania Court of Common Pleas, Bradford County
No. 218 July Term 1890, Sup. Ct.; court below, No. 286 September Term-1886, C. P. On June 8, 1886, Jacob A. Linderman brought assumpsit against Eleazer Pomeroy. The defendant pleaded nonassumpsit, payment, and the statute of limitations. At the second trial of the case, on April 3, 1890, the facts made to appear were briefly as follows 4 In 1857, Linderman gave to Pomeroy his judgment note for $6,383.29, the purchase money of a farm, payable in instalments.
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No. 218 July Term 1890, Sup. Ct.; court below, No. 286 September Term-1886, C. P. On June 8, 1886, Jacob A. Linderman brought assumpsit against Eleazer Pomeroy. The defendant pleaded nonassumpsit, payment, and the statute of limitations. At the second trial of the case, on April 3, 1890, the facts made to appear were briefly as follows 4 In 1857, Linderman gave to Pomeroy his judgment note for $6,383.29, the purchase money of a farm, payable in instalments. On May 4, 1857, judgment was entered on the note to No. 11 September Term 1857. Prior to April 8,1862, fourteen different payments were…
1Opinion of the Court
Opinion,
Mr. Justice Mitchell:
We gather from the opinion of the learned judge below, on the motion for a new trial, that his matured view was that there was no sufficient evidence to toll the bar of the statute, and that the jury should have been directed to find for the defendant. He, however, allowed the verdict to stand, on the ground that the case, whichever way decided, would probably come to this court for final determination, and that if the judgment he entered was wrong we could set it right without the expense of another trial. We can hardly commend the practice of entering judgment…
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- Lowrey v. RobinsonSupreme Court of Pennsylvania · 1891
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- Weaver v. WeaverSupreme Court of Pennsylvania · 1867
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