Diehl v. Evans
Supreme Court of Pennsylvania
THE jury empanneled in this cause, which was an action for freight and demurrage, found a verdict in these words : — “ We find for the plaintiff, and are of opinion, that “ the plaintiff has already received out of property of the de- " fendant, payment in full for the amount of freight to which he is entitled.” on the ground that the finding was too uncertain to admit of a judgment being entered upon it.
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THE jury empanneled in this cause, which was an action for freight and demurrage, found a verdict in these words : — “ We find for the plaintiff, and are of opinion, that “ the plaintiff has already received out of property of the de- " fendant, payment in full for the amount of freight to which he is entitled.” on the ground that the finding was too uncertain to admit of a judgment being entered upon it. II q observed that the jury had found for the plaintiff, but had assessed no damages. They had expressed an opinion that the freight had been received by the plaintiff out of the defendant’s…
1Opinion of the Court
Tilghman C. J.
The plaintiff’s declaration sets forth a claim for freight and demurrage. The jury, after being long out, and having declared to the court that they found great difficulty in coming to an agreement at length, brought in a verdict, as follows —“ We find for the plaintiff, and are of opi- ££ nion, that the plaintiff has already received, out of property ££ of the defendant, payment in full, for the amount of freight “ to which he is entitled.” This is certainly an extraordinary verdict and not easily to be understood. I agree that if there be substance, it is sufficient; the Court…
2Cited by2 opinions
- Bemus v. BeekmanCourt for the Trial of Impeachments and Correction of Errors · 1829
- M'Call v. LenoxSupreme Court of Pennsylvania · 1823