Brenner v. Herr
Supreme Court of Pennsylvania
In error to the District Court of Lancaster county. Debt on bond, by Christian Herr, administrator of Christian Herr, deceased, against Jacob Brenner, the plaintiff in error, to recover a balance alleged to be unpaid on said bond.
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In error to the District Court of Lancaster county. Debt on bond, by Christian Herr, administrator of Christian Herr, deceased, against Jacob Brenner, the plaintiff in error, to recover a balance alleged to be unpaid on said bond. On the trial, the plaintiff gave in evidence the bond in suit, which was given by Jacob Brenner, the defendant, to Christian Herr, sen., for the payment of $737, dated December 5th, 1845, and payable on the 1st day of April, 1846, with interest from its date. This bond, it appeared, had been mislaid; and it was supposed to be lost, until some time after the death of…
1Opinion of the CourtBurnside, J.
This was an action of debt on a bond conditioned to pay $737 on the 1st of April, 1846. We think the error complained of in the charge is maintained. The court on the evidence should have submitted the case to the determination of the jury, and ought not to have instructed them that whatever amount was unpaid on the bond, was recoverable in this *109action. Whether the balance clue was recoverable would depend on the truth of material facts in evidence.
The bond now in court was supposed to be lost after the death of Christian Herr the father. Brenner insists and gave some evidence that he gave a…
2Cases cited2 opinions
- Watkinson v. Inglesby & StokesNew York Supreme Court · 1810
- Anderson v. The President, Directors, & Co. of the Highland TurnpikeNew York Supreme Court · 1819