Ralph v. FonDersmith
Superior Court of Pennsylvania
Appeal, No. 209, Oct. T., 1897, by plaintiff, from judgment of C. P. Lancaster Co., Aug. T., 1895, No. 66, on verdict for defendant. Opinion by Orlady, J. Interpleader in-claim to property levied upon by the sheriff as the property of Amos B. Hostetter. Before Brubaker, J. This case was before the Superior Court on appeal on a former verdict and judgment and is reported in 8 Pa.
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Appeal, No. 209, Oct. T., 1897, by plaintiff, from judgment of C. P. Lancaster Co., Aug. T., 1895, No. 66, on verdict for defendant. Opinion by Orlady, J. Interpleader in-claim to property levied upon by the sheriff as the property of Amos B. Hostetter. Before Brubaker, J. This case was before the Superior Court on appeal on a former verdict and judgment and is reported in 8 Pa. Superior Ct. 618. It appears from the evidence that Ralph, the plaintiff, sold certain leaf tobacco to Hostetter and received therefor certain notes in payment. ” Before the maturity of the notes Hostetter executed…
1Opinion of the Court
Opinion by
Orlady, J.,
The first trial of this feigned issue resulted in a verdict for the plaintiff, which on appeal to this court was reversed for the reasons stated in 3 Pa. Superior Ct. 618, 624. On the second trial the learned trial judge affirmed a point submitted by the defendant, viz: “ under the law and the evidence the verdict in this case must be for the defendant,” and after judgment in accord with this instruction the plaintiff brings this appeal.
The evidence which was rejected under the offers, taken in connection with that which was admitted, presents a radically different state…
2Cases cited12 opinions
- Schofield v. ShifferSupreme Court of Pennsylvania · 1893
- Cover & Wife v. ManawaySupreme Court of Pennsylvania · 1887
- Glessner v. PattersonSupreme Court of Pennsylvania · 1894
- Perlman & Co. v. Sartorius & Co.Supreme Court of Pennsylvania · 1894
- Meckley's AppealSupreme Court of Pennsylvania · 1883
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3Cited by1 opinion
- In re KyteDistrict Court, M.D. Pennsylvania · 1909