Legal Opinion

Dougherty v. Andrews

Supreme Court of Pennsylvania

Decided May 19, 1902No. Appeal, No. 12PublishedCited by 4 opinions

Appeal, No. 12, Jan. T., 1902, by defendant, from order of C. P. Schuylkill Co., March T., 1900, No. 209, granting a new trial in case of John Dougherty v. Mary Andrews. Trespass for the alleged trover and conversion of a certificate of indebtedness. Before Bechtel, P. J. At the trial it appeared that Patrick McGee in his lifetime had on deposit with the Lehigh Coal & Navigation Company, $11,200, and held as evidence of such deposit a certificate of indebtedness.

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Appeal, No. 12, Jan. T., 1902, by defendant, from order of C. P. Schuylkill Co., March T., 1900, No. 209, granting a new trial in case of John Dougherty v. Mary Andrews. Trespass for the alleged trover and conversion of a certificate of indebtedness. Before Bechtel, P. J. At the trial it appeared that Patrick McGee in his lifetime had on deposit with the Lehigh Coal & Navigation Company, $11,200, and held as evidence of such deposit a certificate of indebtedness. The defendant claimed that the decedent had given her the certificate in her lifetime. The testimony as to the gift was…

1Opinion of the Court

Opinion by

Mr. Justice Brown,

The only error complained of on this appeal is the granting of a new trial by the court below. The verdict was for the defendant, which, on application of the plaintiff, for reasons assigned, was set aside and a new trial awarded. The testimony taken in the case is not before us ; but, from the résumé of it in the judge’s charge, his discretion in setting aside the verdict was not abused, and the order making the rule for a new trial absolute is affirmed.

2Cited by4 opinions

  1. Class & Nachod Brewing Co. v. GiacobelloSupreme Court of Pennsylvania · 1923
  2. Hess v. StinerSuperior Court of Pennsylvania · 1941
  3. Hade v. Cumberland Valley RailroadSuperior Court of Pennsylvania · 1910
  4. Larimer, Trustee v. Cambria Co.Superior Court of Pennsylvania · 1937

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