Krauser v. McCurdy
Supreme Court of Pennsylvania
Appeal, No. 94, July T., 1895, by defendant, from judgment of C. P. Chester Co., April T., 1894, No. 48, on verdict for plaintiff. Assumpsit for wages. Before Waddell, P. J. Defendant claimed that he had paid plaintiff’s claim by a check for $68.90, which stated on its face that it was “in full of all demands.” All the facts necessary to an understanding of the case will be found in the judge’s charge and in the Per Curiam.
Read the full summary
Appeal, No. 94, July T., 1895, by defendant, from judgment of C. P. Chester Co., April T., 1894, No. 48, on verdict for plaintiff. Assumpsit for wages. Before Waddell, P. J. Defendant claimed that he had paid plaintiff’s claim by a check for $68.90, which stated on its face that it was “in full of all demands.” All the facts necessary to an understanding of the case will be found in the judge’s charge and in the Per Curiam. The court charged in part as follows: [Now, as I have said to you, the import of this - check is a receipt. But has he satisfied your minds from this correspondence that…
1Opinion of the Court
Per Curiam,
The assignments :of error are seven in number but they all relate to the same question. The plaintiff sues to recover wages and the jury has found that the wages are due. The defendant sought however to defeat a recovery by showing a settlement of all demands before suit brought. For this purpose, he produced his own check drawn in favor of the plaintiff for the sum of $68.90, “ in full of all demands,” which the plaintiff had retained and used; but the defendant testified that it was drawn to pay *177for some personal property lie had purchased from the plaintiff and that he did not…
2Cited by5 opinions
- Jenson v. Toltec Ranch Co.Court of Appeals for the Eighth Circuit · 1909
- Hodges v. TruaxIndiana Court of Appeals · 1898
- Alfred M. Slocum Co. v. St. ClairSuperior Court of Pennsylvania · 1912
- Sollenberger & Branthaver v. ScattergoodSuperior Court of Pennsylvania · 1923
- Stukey v. RissingerSuperior Court of Pennsylvania · 1906