Beaty v. Bordwell
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of Fríe county: Of October and November Term 1879, No. 36. Feigned issue wherein David Beaty was plaintiff and Enoch Bordwell defendant, to ascertain the amount due on a judgment-note of defendant’s for $3500. The material facts will be found in the Opinion .of this court.
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Error to the Court of Common Pleas of Fríe county: Of October and November Term 1879, No. 36. Feigned issue wherein David Beaty was plaintiff and Enoch Bordwell defendant, to ascertain the amount due on a judgment-note of defendant’s for $3500. The material facts will be found in the Opinion .of this court. Yerdict for plaintiff for $1545.50, and after judgment the plaintiff took this writ and alleged that the court erred:— 1. In charging: “ There is no parol evidence from which a jury should find, that any part of the contract agreed upon by the parties prior to the written agreement was…
1Opinion of the CourtJustice Mercur
This was an issue to ascertain the amount due on a judgment entered against the defendant, on a judgment-note executed by him.
The judgment was opened and the issue tried on the plea of payment.
As the evidence is not certified by the judge, and the statements thereof by counsel of the respective parties do not wholly agree, we cannot say there is error in the portions of the charge covered by the first, third and fourth assignments.
The second assignment is, that the court erred in charging “ one tenant in common cannot recover against his co-tenant for ordinary repairs or improvements without…
2Cases cited3 opinions
- Crest v. JackSupreme Court of Pennsylvania · 1834
- Gregg v. PattersonSupreme Court of Pennsylvania · 1844
- Carmalt v. PostSupreme Court of Pennsylvania · 1839
3Cited by22 opinions
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- Sivak EstateSuperior Court of Pennsylvania · 1947
- Pollard & Brant, Inc. v. SteinSuperior Court of Pennsylvania · 1923
- Cooke v. EdwardsSuperior Court of Pennsylvania · 1900
- Long v. MorningstarSupreme Court of Pennsylvania · 1905
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