Croyle v. Guelich
Superior Court of Pennsylvania
Appeal, No. 54, Oct. T., 1907, by plaintiffs, from judgment of C. P. Centre Co., April T., 1906, No. 199, for defendant non obstante veredicto in case of F. C. Croyle and S. G. Stull, trading as Croyle & Stull, v. C. H. Guelich. Assumpsit on an oral acceptance of a draft. Before Orvis, P. J. The facts appear by the opinion of the Superior Court.
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Appeal, No. 54, Oct. T., 1907, by plaintiffs, from judgment of C. P. Centre Co., April T., 1906, No. 199, for defendant non obstante veredicto in case of F. C. Croyle and S. G. Stull, trading as Croyle & Stull, v. C. H. Guelich. Assumpsit on an oral acceptance of a draft. Before Orvis, P. J. The facts appear by the opinion of the Superior Court. Error assigned was in entering judgment for defendant non obstante veredicto. cited: Ruple v. Bindley, 91 Pa. 296; Moeser v. Schneider, 158 Pa. 412; Malone v. Keener, 44 Pa. 107; Elkin v. Timlin, 151 Pa. 491. cited: Maginn v. Savings Bank, 131 Pa.…
1Opinion of the Court
Opinion by
Morrison, J.,
In this case there was a verdict in favor of the plaintiffs for the amount of a written order, drawn October 3, 1904, by Sterling Simcox, on the defendant, in favor of the plaintiffs, for $109.55. At the trial the order was not produced, but there was sufficient evidence of its loss and of diligent search for it, to permit proof of its contents. There is evidence in the record that the defendant orally accepted the order, but there is absolutely no evidence that he ever accepted it in writing. The jury having found in favor of the plaintiff, we can assume the facts as…
2Cases cited7 opinions
- Commonwealth ex rel. Attorney General v. American Life Ins.Supreme Court of Pennsylvania · 1894
- Moeser v. SchneiderSupreme Court of Pennsylvania · 1893
- Maginn v. Dollar Savings BankSupreme Court of Pennsylvania · 1890
- Farmers' & Mechanics' Insurance v. SimmonsSupreme Court of Pennsylvania · 1858
- Day & Sharpe's Assigned EstateSuperior Court of Pennsylvania · 1902
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