Barclay v. Lehigh Coal & Navigation Co.
Superior Court of Pennsylvania
Appeal, No. 256, Oct. T., 1908, by defendant, from judgment of C. P. No. 1, Phila. Co., Sept. T., 1905, No. 4,240, on verdict for plaintiff in case of William K. Barclay v. Lehigh Coal & Navigation Company. Assumpsit to recover the amount of a lost check. Before Brégy, P. J. The facts are stated in the opinion of the Superior Court. Verdict and judgment for plaintiff for $329.29. Defendant appealed.
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Appeal, No. 256, Oct. T., 1908, by defendant, from judgment of C. P. No. 1, Phila. Co., Sept. T., 1905, No. 4,240, on verdict for plaintiff in case of William K. Barclay v. Lehigh Coal & Navigation Company. Assumpsit to recover the amount of a lost check. Before Brégy, P. J. The facts are stated in the opinion of the Superior Court. Verdict and judgment for plaintiff for $329.29. Defendant appealed. Errors assigned were (1) ruling on evidence set forth in the opinion of the Superior Court, and (3) refusal of binding instructions for defendant.
1Opinion of the Court
Opinion by
Beaver, J.,
When this case was previously here, 33 Pa. Superior Ct. 214, our decision was based upon the consideration of the statement and affidavit of defense, the allegations of the affidavit of defense being, of course, taken as facts.
The essential facts, as recited by our Brother Morrison, who delivered the opinion of the court, were that: “On November 27,1900, plaintiff was the registered owner of 149 shares of the capital stock of the defendant company, on which a dividend, amounting to $223.50, had been duly declared, payable on that day. On November 26, 1900, defendant…
2Cases cited1 opinion
- Barclay v. Lehigh Coal & Navigation Co.Superior Court of Pennsylvania · 1907