Legal Opinion

Logan v. Caffrey

Supreme Court of Pennsylvania

Decided July 1, 1858PublishedCited by 17 opinions

Error to the Common Pleas of Philadelphia. This action was originally brought before an alderman, by John Caffrey against Gustavus G. Logan, to recover the sum of $67.25, for his wages as a day labourer, viz.: for 67J days’ work between the 7th of November 1854, and the 5th of February 1855, at one dollar per day. The alderman gave judgment for the plaintiff, from which the defendant appealed.

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Error to the Common Pleas of Philadelphia. This action was originally brought before an alderman, by John Caffrey against Gustavus G. Logan, to recover the sum of $67.25, for his wages as a day labourer, viz.: for 67J days’ work between the 7th of November 1854, and the 5th of February 1855, at one dollar per day. The alderman gave judgment for the plaintiff, from which the defendant appealed. The declaration contained only the common counts; to which the defendant pleaded non assumpsit, set off, payment with leave, &c. There had been a former action tried between the same parties in the…

1Opinion of the Court

The opinion of the court was delivered by

Woodward, J.

— It must be assumed that the "jury would have found, if permitted to pass upon the question, that the work and labour sued for in this action, and the work and labour for which a recovery was had in the former suit between the same parties, in the District Court, were done and performed under the same contract with the defendant; for such was the tenor of the point in which the court was called on to say that the former suit was a bar to this action. The court declined to affirm the point, and thus withheld the question of fact from the…

2Cases cited2 opinions

  1. Farrington v. PayneNew York Supreme Court · 1818
  2. Brockway v. KinneyNew York Supreme Court · 1807

3Cited by17 opinions

  1. Fields v. Philadelphia Rapid Transit Co.Supreme Court of Pennsylvania · 1922
  2. Glennon v. Lebanon Mfg. Co.Supreme Court of Pennsylvania · 1891
  3. Raisig v. GrafSuperior Court of Pennsylvania · 1901
  4. Pennock v. KennedySupreme Court of Pennsylvania · 1893
  5. Byren & Weil, Inc. v. French & Keeley, Inc.Superior Court of Pennsylvania · 1931

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