Foster v. Berg & Co.
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of Butler county : Of October and November Term 1883, No. 187. Trover and conversion, by J. Y. Foster against John Berg, Sr., and John Berg, Jr., doing business as John Berg & Co. On the trial, before Bredin, J., the following facts appeared : A. B. White applied to the defendants for a loan of money, $10,000 or $15,000, which the defendants were willing to loan upon satisfactory security.
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Error to the Court of Common Pleas of Butler county : Of October and November Term 1883, No. 187. Trover and conversion, by J. Y. Foster against John Berg, Sr., and John Berg, Jr., doing business as John Berg & Co. On the trial, before Bredin, J., the following facts appeared : A. B. White applied to the defendants for a loan of money, $10,000 or $15,000, which the defendants were willing to loan upon satisfactory security. White procured J. Y. Foster, to transfer oil which he had in the Union Pipe Line Company to Berg & Co., as collateral security for the loan to White. The following…
1Opinion of the CourtJustice Trunkey
The construction of a written instrument is exclusively for the court; except when it cannot be understood without reference to facts not within the writing, and then the jury are to judge of the whole together. If there be a patent ambiguity in the terms of a written contract the court must solve it; but if ambiguity arise from extrinsic evidence it must be solved by the jury. Not controverting these familiar rules, the defendants contend that under all the testimony the question whether they had notice of Foster’s title to the oil at the time it was sold, was for the jury; and, also, that…
2Cited by8 opinions
- Universal Products Co. v. EmersonSupreme Court of Delaware · 1935
- Baldwin v. MagenSupreme Court of Pennsylvania · 1924
- Kelter v. American Bankers Finance Co.Supreme Court of Pennsylvania · 1932
- Kutztown Foundry & Machine Co. v. Sloss-Sheffield Steel & Iron Co.Court of Appeals for the Third Circuit · 1922
- Reading v. Travelers Ins.District Court, M.D. Pennsylvania · 1938
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