Rodgers v. Olshoffsky
Supreme Court of Pennsylvania
Error to the court of Common Pleas of McKean county: Of January Term 1885,' No. 359. Feigned, issue, wherein David Rodgers was plaintiff and Jacob Olshoffsky was defendant, to determine the validity of a judgment'for $888 entered upon a judgment note given by defendant to plaintiff. On motion of defendant, said judgment was opened and an issue was framed by defendant pleading payment.
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Error to the court of Common Pleas of McKean county: Of January Term 1885,' No. 359. Feigned, issue, wherein David Rodgers was plaintiff and Jacob Olshoffsky was defendant, to determine the validity of a judgment'for $888 entered upon a judgment note given by defendant to plaintiff. On motion of defendant, said judgment was opened and an issue was framed by defendant pleading payment. On the trial, before Olmsted, P. J., the following facts appeared : On March 5th, 1880, Enos Parsons et ux. conveyed to David Rodgers, the plaintiff, by general warranty deed, without covenant as to quantity, a…
1Opinion of the CourtJustice Green
We fail to discover in this record even a scintilla of evidence showing bad faith on the part of the plaintiff, and therefore it was error to leave that question to the jury. The learned counsel for the defendant says there was abundant evidence of bad faith, and refers us to the verdict as proof of the assertion. But unfortunately for that method of argument the fact of the verdict, where there is no evidence to support it, proves simply the wisdom of the rule which interdicts the submission of the controverted question to their action. Not being referred to any evidence supporting the…
2Cases cited2 opinions
- Cronister v. CronisterSupreme Court of Pennsylvania · 1841
- Dickinson v. VoorheesSupreme Court of Pennsylvania · 1844
3Cited by4 opinions
- Succession of BollingerSupreme Court of Louisiana · 1878
- Landreth v. HowellSuperior Court of Pennsylvania · 1904
- Mylin v. HetrickSuperior Court of Pennsylvania · 1923
- Byrne v. Williams, Pennsylvania Court of Common Pleas, Greene County1928