Gratz v. Philips
Supreme Court of Pennsylvania
Appeal from the Circuit. Court of Lancaster county, held by Kennedy, Justice, from a judgment upon a verdict in favor of the plaintiff. ’This action was tried before in tbe Circuit Court, and taken by appeal to the Supreme Court, and is reported in 1 Penn.
Read the full summary
Appeal from the Circuit. Court of Lancaster county, held by Kennedy, Justice, from a judgment upon a verdict in favor of the plaintiff. ’This action was tried before in tbe Circuit Court, and taken by appeal to the Supreme Court, and is reported in 1 Penn. Rep. 333, to which reference may be had for the general statement of the case, and the argument of counsel; which is there fully given: it is here necessary only to understand the point upon which the foil-lowing opinion was given, to repeat that the action was instituted by the following agreement: Simon Gratz., Joseph Gratz, and Jacob…
1Opinion of the Court
The following opinion was delivered by
G-ibsoN, C. J.
—Concurring with the judge who tried the cause' as to the merits, it is necessary, but to consider how far the verdict is affected by Mrs. Philips’ coverture; and on this point, I understand my brother Kennedy joins in the opinion I expressed when the case was here before. But taking for granted what it seems to me cannot well be controverted, that the verdict cannot be sustained against all the defendants, on the foundation of the general and inherent powers of the jury, may it not be sustained against all who had capacity to bind…
2Cases cited1 opinion
- Gratz v. PhillipsSupreme Court of Pennsylvania · 1826