Taylor v. Graham
Superior Court of Pennsylvania
Appeal, No. 270, Oct. T., 1915, by defendants, from judgment of O. P. Clearfield Co., Feb. T., 1914, No. 46, on verdict for plaintiff in case of Thomas Taylor v. Alfred Graham and H. J. Flegal. Assumpsit on a joint contract. From the record it appeared that the claim was for $1,000.00 on a joint contract.
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Appeal, No. 270, Oct. T., 1915, by defendants, from judgment of O. P. Clearfield Co., Feb. T., 1914, No. 46, on verdict for plaintiff in case of Thomas Taylor v. Alfred Graham and H. J. Flegal. Assumpsit on a joint contract. From the record it appeared that the claim was for $1,000.00 on a joint contract. At the trial there was evidence that Graham had voluntarily given the plaintiff his note for $500.00, and that thereupon the plaintiff had released him from any further liability. The court instructed the jury that if plaintiff had accepted a $500.00 note from Graham in full for Graham’s…
1Opinion of the Court
Opinion by
Trexler, J.,
The question involved is “In an action against two defendants jointly to recover on a joint contract, can plaintiff have verdict and judgment against one defendant,” where the other defendant proves to the jury that he has paid his proportion of the debt, and has been released from liability. The question as to whether the one defendant had paid his proportion of the debt was, in the face of the denial of such payment by the plaintiff, a question for the jury. The jury found against the other defendant for the remaining half of the plaintiff’s claim. In Burke v. Noble,…
2Cases cited5 opinions
- Greenwald & Co. v. KasterSupreme Court of Pennsylvania · 1878
- Burke v. NobleSupreme Court of Pennsylvania · 1864
- Fidelity & Deposit Co. v. PhillipsSupreme Court of Pennsylvania · 1912
- Schock v. MillerSupreme Court of Pennsylvania · 1849
- Coughenour v. SuhreSupreme Court of Pennsylvania · 1872
3Cited by2 opinions
- Joseph Melnick Building & Loan Ass'n v. MelnickSupreme Court of Pennsylvania · 1949
- Baldwin v. ElySuperior Court of Pennsylvania · 1937