Sulzner v. Cappeau-Lemley & Miller Co.
Supreme Court of Pennsylvania
Appeal, No. 145, Oct. T., 1911, by defendant, from judgment of C. P. No. 4, Allegheny Co., Fourth T., 1907, No. 220, on verdict for plaintiff in case of Joseph F. Sulzner v. Cappeau-Lemley & Miller Company. Replevin to recover certificate of stock. Before Swearingen, P. J. The opinion of the Supreme Court states the case.
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Appeal, No. 145, Oct. T., 1911, by defendant, from judgment of C. P. No. 4, Allegheny Co., Fourth T., 1907, No. 220, on verdict for plaintiff in case of Joseph F. Sulzner v. Cappeau-Lemley & Miller Company. Replevin to recover certificate of stock. Before Swearingen, P. J. The opinion of the Supreme Court states the case. The court charged in part as follows: [The plaintiff alleges — and he must prove his allegations to you by the weight of the evidence — that he was induced to execute these papers by what is known as duress. He alleges that the defendants, or their attorney, threatened him…
1Opinion of the Court
Opinion by
Mr. Justice Moschzisker,
The plaintiff deposited a certificate for 2,500 shares of the stock of a mining company with the defendants for the purpose of sale. A few days later a meeting took place *165at the office of the defendants in relation to this sale, and certain other persons appeared and claimed to be purchasers of portions of the stock through a son of the plaintiff and another man who they asserted acted as his agents. The plaintiff recognized these claims, accepted in cash what the alleged purchasers declared to be the unpaid balance due, signed a receipt for the purchase…
2Cases cited6 opinions
- Harmon v. HarmonSupreme Judicial Court of Maine · 1873
- Higgins v. BrownSupreme Judicial Court of Maine · 1886
- Russell v. McCartySupreme Court of Georgia · 1872
- Wilkerson v. HoodMissouri Court of Appeals · 1896
- Moyer v. DodsonSupreme Court of Pennsylvania · 1905
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3Cited by24 opinions
- Germantown Manufacturing Co. v. RawlinsonSupreme Court of Pennsylvania · 1985
- Smith v. LenchnerSuperior Court of Pennsylvania · 1964
- Willetts v. WillettsSuperior Court of Pennsylvania · 1929
- Cox v. RoehlerSupreme Court of Pennsylvania · 1934
- Irwin v. WeikelSupreme Court of Pennsylvania · 1925
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