Jacques v. Fourthman
Supreme Court of Pennsylvania
APPEAL BY PLAINTIFF FROM THE COURT OF COMMON PLEAS OF FRANKLIN COUNTY. No. 4 May Term 1890, Sup. Ct.; court below, No. 238. September Term 1887, C. P. On July 9, 1887, Julia A. Jacques brought assumpsit against Ferdinand Fourthman, by her statement of claim filed averring that on June 7, 1886, she-was the owner of a large number of notes and obligations for the payment of money, scheduled in the statement, which notes, etc., had been the property of John Gehr, the…
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APPEAL BY PLAINTIFF FROM THE COURT OF COMMON PLEAS OF FRANKLIN COUNTY. No. 4 May Term 1890, Sup. Ct.; court below, No. 238. September Term 1887, C. P. On July 9, 1887, Julia A. Jacques brought assumpsit against Ferdinand Fourthman, by her statement of claim filed averring that on June 7, 1886, she-was the owner of a large number of notes and obligations for the payment of money, scheduled in the statement, which notes, etc., had been the property of John Gehr, the plaintiff’s brother, but “transferred and delivered” by him to the plaintiff; that the plaintiff on said date, at the request of…
1Opinion of the Court
Opinion,
Mr. Justice Green:
The court below having granted a compulsory nonsuit and refused to take it off, the evidence given by the plaintiff must be taken to be true, together with every inference of fact which the jury might lawfully draw from it: Miller v. Bealer, 100 Pa. 585; McGrann v. Railroad Co., 111 Pa. 171; Jones v. Bland, 116 Pa. 190. A peremptory nonsuit is in the nature of a judgment for defendant on demurrer to evidence, and if there is any evidence, no matter how slight if it is more than a mere scintilla, which alone would justify an inference of the disputed facts on which…
2Cases cited3 opinions
- Hill v. Nation Trust Co.Supreme Court of Pennsylvania · 1885
- McGrann v. Pittsburgh & Lake Erie RailroadSupreme Court of Pennsylvania · 1886
- Jones v. BlandSupreme Court of Pennsylvania · 1887
3Cited by14 opinions
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- Tomayko v. CarsonSupreme Court of Pennsylvania · 1951
- Finch v. Conrade'sSupreme Court of Pennsylvania · 1893
- Titusville Trust Co. v. JohnsonSupreme Court of Pennsylvania · 1953
- Kulp v. MarchSupreme Court of Pennsylvania · 1897
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