Shaffer v. Bahr
Superior Court of Pennsylvania
Appeal, No. 2, Feb. T., 1914, by defendant, from judgment of C. P. Sullivan Co., Feb. T., 1912, No. 12, on verdict for plaintiff in case of William Shaffer, Executor of John U. Hartzig, deceased, v. Julius Bahr. Assumpsit for money alleged to have been loaned to the defendant. Before Terry, P. J. At the trial the plaintiff testified that the money was not loaned to him, but was a gift to his wife.
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Appeal, No. 2, Feb. T., 1914, by defendant, from judgment of C. P. Sullivan Co., Feb. T., 1912, No. 12, on verdict for plaintiff in case of William Shaffer, Executor of John U. Hartzig, deceased, v. Julius Bahr. Assumpsit for money alleged to have been loaned to the defendant. Before Terry, P. J. At the trial the plaintiff testified that the money was not loaned to him, but was a gift to his wife. He offered to show that nine days after the alleged gift his wife had loaned him $800 of the money, and he had given her a judgment note for that sum, which had been entered up. The court overruled…
1Opinion of the Court
Opinion by
Kephart, J.,
John U. Hartzig, age seventy-six, on December 30, 1911, brought suit to recover from Julius Bahr, the defendant, the sum of $1,000, with interest, which he claimed to have loaned Bahr on December 8, 1910, for a period of one year. Bahr, the defendant, denied that any money had been loaned to him and averred that *51Hartzig, not wanting the state to secure his money in case of death, had made a gift of $1,000 of it to his, Bahr’s, wife. After verdict in the plaintiff’s favor, the plaintiff died and his executor, William Shaffer, was substituted.
The plaintiff’s statement…
2Cases cited8 opinions
- Kroegher v. McConway & Torley Co.Supreme Court of Pennsylvania · 1892
- Elder Township School District v. Pennsylvania RailroadSuperior Court of Pennsylvania · 1904
- Walter v. TransueSuperior Court of Pennsylvania · 1903
- Reddelien v. AtkinsonSuperior Court of Pennsylvania · 1911
- Tisch v. Utz, Pennsylvania Court of Common Pleas, Luzerne County1891
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3Cited by5 opinions
- Pennsylvania Railroad v. PittsburghSupreme Court of Pennsylvania · 1939
- Kehres v. StuempfleSupreme Court of Pennsylvania · 1927
- Minute v. Philadelphia & Reading Railway Co.Supreme Court of Pennsylvania · 1919
- Irwin v. Leuten Brick Co.Superior Court of Pennsylvania · 1915
- Floyd v. Lehigh Valley RailroadSuperior Court of Pennsylvania · 1915