Smith v. Bellows
Supreme Court of Pennsylvania
Error to the District Court of Philadelphia: Of July Term 1873, No. 1. This was an action on the case, brought February 5th 1870, by William H. Bellows against Henry H. Smith. The plaintiff declared in assumpsit for money had and received, and in the other, common counts ;' the defendant pleaded “non-assumpsit.” The case came on for trial and a jury w‘as called. After some progress had been made in the trial, a nonsuit was entered against the plaintiff.
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Error to the District Court of Philadelphia: Of July Term 1873, No. 1. This was an action on the case, brought February 5th 1870, by William H. Bellows against Henry H. Smith. The plaintiff declared in assumpsit for money had and received, and in the other, common counts ;' the defendant pleaded “non-assumpsit.” The case came on for trial and a jury w‘as called. After some progress had been made in the trial, a nonsuit was entered against the plaintiff. The nonsuit was taken off and the plaintiff was allowed to amend his declaration and declare in tort for deceit. This declaration was filed…
1Opinion of the CourtChief Justice Agotsw
A careful examination of this record discloses no error for which the judgment should be reversed. In the view of the case taken by the plaintiff in error, that the action lay against the company only, there would be force in some of the exceptions taken at the trial. But the evidence of the plaintiff below presented a case of individual overreaching on part of the defendant, and it was so submitted to the jury, whose verdict establishes this view of the defendant’s conduct. In that light we discover no error in the manner the case was treated. If the evidence were insufficient to support…
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- Frankel v. StyerDistrict Court, E.D. Pennsylvania · 1962
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