Steere v. Oakley
Superior Court of Pennsylvania
Appeal, No. 32, Jan. T., 1897, by defendant, from judgment of C. P. Lackawanna Co., June T., 1889, No. 531, on verdict for plaintiff. Assumpsit to recover money alleged to have been paid by mistake. Before Edwards, J. The facts sufficiently appear in the opinion of the court. Verdict and judgment for plaintiff for $661.69. Defendant appealed. Errors assigned among others were (13) In answer to defendant’s first point.
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Appeal, No. 32, Jan. T., 1897, by defendant, from judgment of C. P. Lackawanna Co., June T., 1889, No. 531, on verdict for plaintiff. Assumpsit to recover money alleged to have been paid by mistake. Before Edwards, J. The facts sufficiently appear in the opinion of the court. Verdict and judgment for plaintiff for $661.69. Defendant appealed. Errors assigned among others were (13) In answer to defendant’s first point. The point and answer are as follows : “ 1. Under all the evidence in this suit the verdict must be for the defendant. ' Answer: I cannot affirm this point because I cannot…
1Opinion of the Court
Opinion by
Smith, J.,
Under an arrangement between the parties to this action, Oakley, the defendant, on January 1, 1873, purchased a judgment and accompanying mortgage for $945.27 against the plaintiff Steere. From time to time payments were made, and twice the judgment was amicably revived; November 4, 1879, for $1,229.51, and February 23, 1885, for $1,600.
In July, 1876, Steere borrowed $500 from Oakley, for which he gave a judgment. From time to time payments were made on this; it was twice amicably revived; and on June 4, 1886, it was satisfied.
On October 6,1887, the parties made a…
2Cases cited8 opinions
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- Pleasants v. FantSupreme Court of the United States · 1875
- Holland v. KindreganSupreme Court of Pennsylvania · 1893
- Smith, Kline & French Co. v. SmithSupreme Court of Pennsylvania · 1895
- Miners' Trust Company Bank v. RoseberrySupreme Court of Pennsylvania · 1876
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