Jessop v. Ivory
Supreme Court of Pennsylvania
Appeal, No. 43, Oct. T., 1893, by defendant, R. B. Ivory, from judgment of C. P. Armstrong Co., March T., 1892, No. 126, on verdict for plaintiff, C. J. Jessop. Assumpsit for money paid for corporation stock. At the trial, before Rayburn, P. J., it appeared that in May, 1889, plaintiff subscribed $1,000 to the stock of the Rolled Steel Carriage Wheel Company, at request of defendant.
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Appeal, No. 43, Oct. T., 1893, by defendant, R. B. Ivory, from judgment of C. P. Armstrong Co., March T., 1892, No. 126, on verdict for plaintiff, C. J. Jessop. Assumpsit for money paid for corporation stock. At the trial, before Rayburn, P. J., it appeared that in May, 1889, plaintiff subscribed $1,000 to the stock of the Rolled Steel Carriage Wheel Company, at request of defendant. Plaintiff claimed that at the time of the subscription defendant promised that he would refund to plaintiff his money with interest in case plaintiff became dissatisfied. Plaintiff claimed that in July, 1889, he…
1Opinion of the Court
Opinion by
Mr. Justice Mitchell,
There were two errors in the trial, for which the judgment must be reversed. The defence was a denial of the contract sued on, and, secondly, an allegation that even if such a contract had been made in plaintiff’s favor he had waived it. This branch of the defence the learned judge only touched in the most indefinite way, in his general charge that if “ there has not been anything done by the plaintiff to do away with that contract, or waive it in any way subsequent to that time and the bringing of this suit, he would be entitled to recover.” This instruction…
2Cited by7 opinions
- Commonwealth v. VaranoSupreme Court of Pennsylvania · 1917
- Alexander v. WalkerCourt of Appeals of Texas · 1922
- Fischer v. Commercial National Bank.Supreme Court of Pennsylvania · 1936
- Jessop v. IvorySupreme Court of Pennsylvania · 1895
- Bacon v. The PoconoketDistrict Court, E.D. Pennsylvania · 1895
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