Coble v. Zook
Superior Court of Pennsylvania
Appeal No. 26, Oct. T., 1897, by defendant, from judgment of C. P. Lancaster Co., April T., 1896, No. 110, on verdict for plaintiff. Appeal from judgment of justice. Before Livingston, P. J. It appears from the record that this is an action to recover the sum of $250 with interest alleged to be due and owing to plaintiff from defendant under and by virtue of a verbal agreement. The facts sufficiently appear in the opinion of the court.
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Appeal No. 26, Oct. T., 1897, by defendant, from judgment of C. P. Lancaster Co., April T., 1896, No. 110, on verdict for plaintiff. Appeal from judgment of justice. Before Livingston, P. J. It appears from the record that this is an action to recover the sum of $250 with interest alleged to be due and owing to plaintiff from defendant under and by virtue of a verbal agreement. The facts sufficiently appear in the opinion of the court. Verdict and judgment for plaintiff for $266.25. Defendant appealed. Errors assigned were (1) In refusing defendant’s second point: “2. No consideration to the…
1Opinion of the Court
Opinion by
Beaver, J.,
If the statement was demurrable, defendant should have demurred to it: Newbold v. Pennock, 154 Pa. 591. Having filed his affidavit of defense, joined issue and gone to trial, he is bound by the evidence of consideration for the agreement, as shown in the testimony at the trial, the same having been received, without objection on his part. The first assignment of error is, therefore, overruled.
The second and third assignments relate to the same question. The record shows that the plaintiff offered in evidence the statement and the affidavit of defense. The object of the…
2Cases cited1 opinion
- Newbold v. PennockSupreme Court of Pennsylvania · 1893
3Cited by1 opinion
- Stewart v. Pennsylvania State Camp of the Patriotic Order Sons of AmericaSuperior Court of Pennsylvania · 1935