Robins v. Kitchen
Supreme Court of Pennsylvania
ERROR to the common pleas of Columbia county. Joseph Robins against William Kitchen. Replevin for a horse which had been taken by the defendant as the property of the plaintiff, upon the warrant of Thomas Woodside, landlord, for ten dollars rent. The defendant avowed the taking, and made cognizance as the bailiff of Thomas Woodside, and went to trial upon the issue of non demisit, and no rent in arrear.
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ERROR to the common pleas of Columbia county. Joseph Robins against William Kitchen. Replevin for a horse which had been taken by the defendant as the property of the plaintiff, upon the warrant of Thomas Woodside, landlord, for ten dollars rent. The defendant avowed the taking, and made cognizance as the bailiff of Thomas Woodside, and went to trial upon the issue of non demisit, and no rent in arrear. The plaintiff gáve the lease in evidence, after proving it by the subscribing witness. After which, the plaintiff called several witnesses, who gave evidence of various misrepresentations and…
1Opinion of the Court
The opinion of the Court was delivered by
Gibson, C. J.
The case proposed by the plaintiff’s evidence was that he had been drawn in to take a lease, not only by misrepresentation, but by practice on the intellect^ and fears of an ignorant, imbecile and timid old man; but the judge, in effect, restricted the inquiry to the allegation of misrepresentation only. He allowed evidence to be given in disproof of representations whose falsity lay not within the plaintiff’s knowledge; but, on the ground that he could not be deceived by those he knew to be unfounded, he rejected evidence that the…
2Cited by1 opinion
- Ward v. City of PhiladelphiaSupreme Court of Pennsylvania · 1886