Dougherty v. Briggs
Supreme Court of Pennsylvania
Appeal, No. 334, Jan. T., 1910, by plaintiff, from judgment of C. P. No. 1, Phila. Co., March T., 1909, No. 893, for defendants non obstante veredicto in case of Frank P. Dougherty v. Malcolm Briggs, Jr., and The Tradesmen’s Trust Company. Before Fell, C. J., Assumpsit for money had and received.
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Appeal, No. 334, Jan. T., 1910, by plaintiff, from judgment of C. P. No. 1, Phila. Co., March T., 1909, No. 893, for defendants non obstante veredicto in case of Frank P. Dougherty v. Malcolm Briggs, Jr., and The Tradesmen’s Trust Company. Before Fell, C. J., Assumpsit for money had and received. Before Kinsey, J. At the trial it appeared that Dougherty was awarded in the spring of 1906 a contract for all the plumbing work in an operation of fifty houses about to be erected by one Bihlmaier. The contract was signed June 6, 1906, and provided for the payment of $8,950, $6,350 as the work…
1Opinion of the Court
Opinion by
Mr. Justice Mestrezat,
This is an action of assumpsit for money had and received by the defendants for the use of the plaintiff, and the right to recover depends on whether the plaintiff released his “equity” in the five houses created by the agreement entered into between him and Bihlmaier in June, 1906. The question was submitted to the jury and there was a finding in favor of the plaintiff and a verdict for the amount of his claim less certain carrying charges. The court, however, entered judgment for defendants non obstante veredicto under the act of 1905 on the ground that…
2Cases cited7 opinions
- Holt v. PieSupreme Court of Pennsylvania · 1888
- Anderson v. National Surety Co.Supreme Court of Pennsylvania · 1900
- Slaymaker v. IrwinSupreme Court of Pennsylvania · 1839
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- Allen v. KirwanSupreme Court of Pennsylvania · 1894
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