Dotterer v. Scott
Superior Court of Pennsylvania
Appeal, No. 94, Oct. T., 1905, by defendant, from judgment of C. P. No. 1, Phila. Co., June T., 1900, No. 729, on verdict for plaintiff in case of Abner E. Dotterel* v. John H. Scott. Assumpsit to recover money paid under mistake. The facts are stated in the opinion of the Superior Court. Verdict for plaintiff for $976.64, upon which judgment was entered for $891.04, all above that amount having been remitted.
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Appeal, No. 94, Oct. T., 1905, by defendant, from judgment of C. P. No. 1, Phila. Co., June T., 1900, No. 729, on verdict for plaintiff in case of Abner E. Dotterel* v. John H. Scott. Assumpsit to recover money paid under mistake. The facts are stated in the opinion of the Superior Court. Verdict for plaintiff for $976.64, upon which judgment was entered for $891.04, all above that amount having been remitted. Errors assigned were as follows : 1. Refusal of the learned court to affirm the defendant’s second point-. 2. Under all the evidence in the case the verdict should be for the defendant.…
1Opinion of the Court
Opinion by
Morrison, J.,
This was a verdict and judgment thereon in favor of the *555plaintiff for money alleged to have been paid to the defendant under a mistake of fact. The verdict was for the sum of '$976.64, but the plaintiff remitted all of it in excess of $891.04, arid judgment being entered thereon the defendant appealed.
In disposing of the motion for a new trial the learned court below said : “ March 22,1905, this ease is ruled by Girard Trust Co. v. Harrington, 28 Pa. Superior Ct. 615, which follows Meredith v. Haines et al., 14 W. N. C. 364. The jury found against the defendant, and we…
2Cases cited7 opinions
- Girard Trust Co. v. HarringtonSuperior Court of Pennsylvania · 1903
- Capital City Mutual Fire Ins. v. BoggsSuperior Court of Pennsylvania · 1897
- Crawford & Moyes v. McKinneySupreme Court of Pennsylvania · 1895
- Aument v. Pennsylvania Telephone Co.Superior Court of Pennsylvania · 1905
- Hall v. PhillipsSupreme Court of Pennsylvania · 1894
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3Cited by4 opinions
- Commonwealth v. SimonSuperior Court of Pennsylvania · 1910
- Foster v. Federal Reserve Bank of PhiladelphiaCourt of Appeals for the Third Circuit · 1940
- Commonwealth v. StovasSuperior Court of Pennsylvania · 1910
- Little v. FearonSuperior Court of Pennsylvania · 1912