George v. Braden
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of Westmoreland county: No. 129, to October and November Term 1870. This was an action of assumpsit brought, July 2d 1866, by George Braden against John George, to recover $2000 — the sum paid by plaintiff to defendant for one-third of a share of stock in the Rynd Oil Company.
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Error to the Court of Common Pleas of Westmoreland county: No. 129, to October and November Term 1870. This was an action of assumpsit brought, July 2d 1866, by George Braden against John George, to recover $2000 — the sum paid by plaintiff to defendant for one-third of a share of stock in the Rynd Oil Company. The jury found that in March 1865, the defendant said to the plaintiff, that if he would take the stock at $2000, he (defendant) would guaranty to pay him from 86 to 37 per cent, and his money back whenever called on; the plaintiff paid him the $2000, and the defendant afterwards gave…
1Opinion of the Court
The judgment of the court was entered October 30th 1871.
2Per curiam
We think there was no error on part of the court in holding the plaintiff entitled to recover in this case without a previous tender of the certificate of an interest in the Rynd Farm Oil Company, or the stock issued upon it; that is an equity which may be still protected by making it a condition of granting execution that it shall be surrendered to the defendant, or filed in- court, before execution shall issue. This we think the court ought to do. With this let judgment be
Affirmed.
3Cited by2 opinions
- Sunquest Information Systems, Inc. v. Dean Witter Reynolds, Inc.District Court, W.D. Pennsylvania · 1999
- Smith v. Citizens Insurance & Mortgage Co.Supreme Court of Pennsylvania · 1925