Hulings v. Darlington
Superior Court of Pennsylvania
Appeal, No. 25, April T., 1914, by plaintiff, from judgment of C. P. Allegheny Co., Second Term, 1908, No. 721, on verdict for plaintiff in case of Harry B. Hulings v. O’Hara Darlington and George F. Jones. Trespass for conspiracy. Before Davis, J. The facts are stated in the opinion of the Superior Court. Verdict and judgment for plaintiff for six and one-quarter cents. Plaintiff appealed. Error assigned was various instructions and rulings.
1Opinion of the Court
Opinion by
Porter, J.,
This is an action of trespass for damages claimed to have been suffered by reason of an alleged conspiracy, fraudulently and maliciously entered into by the defendants, to cheat and defraud the plaintiff. The plaintiff did not aver in his statement nor did he at the trial produce any evidence tending toe show that either of these defendants had been guilty of an unlawful act or had done anything which would sustain an action by this plaintiff against him individually. The alleged tort for which the plaintiff sought to recover could only be available to sustain an action…
2Cases cited3 opinions
- Ballantine v. CummingsSupreme Court of Pennsylvania · 1908
- Collins v. CroninSupreme Court of Pennsylvania · 1887
- Rundell v. KalbfusSupreme Court of Pennsylvania · 1889
3Cited by2 opinions
- Menefee v. Columbia Broadcasting System, Pennsylvania Court of Common Pleas, Montgomery County1972
- Morrow v. MorrowSuperior Court of Pennsylvania · 1915