J. B. Larzelere & Son v. Tiel
Superior Court of Pennsylvania
Appeal, No. 103, Nov. T., 1896, by plaintiffs, from judgment of C. P. No. 3, Phila. Co., Dec. T., 1894,No.896, on verdict for defend ant. Feigned issue framed by agreement of parties. Before FinLETTEK, P. J. The following facts were stated in the opinion of the Superior Court: “ This feigned issue was formed for the purpose of ascertaining the amount due by Tiel & Tooley on a judgment confessed to Larzelere & Son, the appellants.
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Appeal, No. 103, Nov. T., 1896, by plaintiffs, from judgment of C. P. No. 3, Phila. Co., Dec. T., 1894,No.896, on verdict for defend ant. Feigned issue framed by agreement of parties. Before FinLETTEK, P. J. The following facts were stated in the opinion of the Superior Court: “ This feigned issue was formed for the purpose of ascertaining the amount due by Tiel & Tooley on a judgment confessed to Larzelere & Son, the appellants. “On June 1, 1894, G. W. Tiel and E. A. Tooley agreed in writing to become partners in the teaming business. It was stated in the articles, inter alia, that ‘ G. W.…
1Opinion of the Court
Opinion by
Smith, J.,
(after stating the facts as above):
With the evidence preponderating greatly in favor of the plaintiffs, the learned trial judge delivered a charge to the jury which in phrase and substance was marked by a very strong bias in favor of the defendants. The brief allusions to the evidence in the charge are opposed to the weight of the testimony, and, in the light of the evidence, the instructions were inadequate, unwarranted, misleading and inconsistent.
The agreement does not provide, as the learned judge said, •that the debt mentioned in the articles should be considered a…
2Cases cited6 opinions
- Siegel v. ChidseySupreme Court of Pennsylvania · 1857
- Lerch v. BardSupreme Court of Pennsylvania · 1896
- Walker v. Marine National BankSupreme Court of Pennsylvania · 1882
- Leonard v. SmithSupreme Court of Pennsylvania · 1894
- Philadelphia Trust, Safe Deposit & Insurance v. Philadelphia & Erie RailroadSupreme Court of Pennsylvania · 1896
1 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Gordon v. Hartford Sterling Co.Supreme Court of Pennsylvania · 1944
- Miller v. South Hills Lumber & Supply Co.Supreme Court of Pennsylvania · 1939
- Commonwealth v. GoldbergSuperior Court of Pennsylvania · 1897
- Taylor v. BurrellSuperior Court of Pennsylvania · 1898
- Dennis v. GroveSuperior Court of Pennsylvania · 1897
2 more not listed; retrieve them via the Exa API.