Kunkel v. Kunkel
Supreme Court of Pennsylvania
Appeal, No. 71, Oct. T., 1919, by plaintiffs, from judgment of C. P. Allegheny Co., Jan. T., 1914, No. 1558, on verdict for defendant, in case of Almeda O. Kunkel and Fidelity Trust Company v. William B. Kunkel. Assumpsit to recover the sum of $5,000, alleged to have befen paid under a mistake of fact. Before Carpenter, J. At the trial the court gave binding instructions for defendant. Yerdict and judgment for defendant. Plaintiff appealed.
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Appeal, No. 71, Oct. T., 1919, by plaintiffs, from judgment of C. P. Allegheny Co., Jan. T., 1914, No. 1558, on verdict for defendant, in case of Almeda O. Kunkel and Fidelity Trust Company v. William B. Kunkel. Assumpsit to recover the sum of $5,000, alleged to have befen paid under a mistake of fact. Before Carpenter, J. At the trial the court gave binding instructions for defendant. Yerdict and judgment for defendant. Plaintiff appealed. Errors assigned were (1) in refusing binding instructions for plaintiff, (2) in giving binding instructions for defendant, (3) in refusing plaintiff’s…
1Opinion of the Court
Opinion by
Mr. Justice Moschzisker,
Plaintiffs sued in assumpsit to recover $5,000 alleged *166to have been paid defendant under mistake of fact; in accordance with binding instructions, a verdict was rendered for defendant, and plaintiffs have appealed from judgment thereon.
B. S. Kunkel died October 1, 1911, testate, without lineal descendants; by his will, dated 1908 and republished by codicil in 1911, he provided, inter alia, “I give to each of my brothers, Wm. F. Kunkel and Charles H. Kunkel, if living at the time of my decease, the sum of five thousand dollars”; the present plaintiffs were…
2Cases cited3 opinions
- Lawrence v. . American National BankNew York Court of Appeals · 1873
- Girard Trust Co. v. HarringtonSuperior Court of Pennsylvania · 1903
- McKibben v. DoyleSupreme Court of Pennsylvania · 1896
3Cited by33 opinions
- GAF CORPORATION v. Amchem Products, Inc.District Court, E.D. Pennsylvania · 1975
- Betta v. SmithSupreme Court of Pennsylvania · 1951
- In Re Estate Of Florence Voelzel Kerr, A/K/A Florence V. Kerr, Deceased. Ralph L. Atchison, Administrator, C.T.A.Court of Appeals for the D.C. Circuit · 1970
- Greenwich Bank v. Commercial Banking Corp.Superior Court of Pennsylvania · 1924
- Smith v. Capital Bank & Trust Co.Supreme Court of Pennsylvania · 1937
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