Legal Opinion

McKinney v. Snyder

Supreme Court of Pennsylvania

Decided May 24, 1875PublishedCited by 6 opinions

Error to the Court of Common Pleas of Cumberland county: Of May Term 1875, No. 95. • This was an action of assumpsit, brought November 19th 1872, by Henry Snyder against S. D. McKinney, to recover a balance which the plaintiff alleged was due on account of the purchase-money of a store sold to the defendant on the 3d of May 1860. The only question in the case was raised by the plea of the Statute of Limitations.

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Error to the Court of Common Pleas of Cumberland county: Of May Term 1875, No. 95. • This was an action of assumpsit, brought November 19th 1872, by Henry Snyder against S. D. McKinney, to recover a balance which the plaintiff alleged was due on account of the purchase-money of a store sold to the defendant on the 3d of May 1860. The only question in the case was raised by the plea of the Statute of Limitations. The case was tried January 18th 1875, before Herman, P. J. The plaintiff testified that he sold his store to the defendant and W. L. McCullough for $1488.94; McCullough paid the half…

1Opinion of the CourtJustice Paxson

The plaintiff’s third point as submitted was insensible, and ought not to have been affirmed. It is impossible for us to form even a rational guess at the effect, if any, of such a point upon the minds of the jury. It may have misled them ; by no possibility could it have thrown any light upon the questions of fact which they were called upon to determine. The true object of submitting a point to the court is to obtain a clear and reliable instruction to aid the jury in the formation of an intelligent verdict. The court should decline to receive a point, when it is so obscurely worded as to…

2Cases cited2 opinions

  1. Watkins v. StevensNew York Supreme Court · 1848
  2. Farmers & Mechanics' Bank v. WilsonSupreme Court of Pennsylvania · 1840

3Cited by6 opinions

  1. Frazee v. MorrisSuperior Court of Pennsylvania · 1944
  2. Clay v. McCreanorSuperior Court of Pennsylvania · 1899
  3. Croman v. StullSupreme Court of Pennsylvania · 1888
  4. Spangler v. SpanglerSupreme Court of Pennsylvania · 1888
  5. Marshall v. BrickSuperior Court of Pennsylvania · 1901

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