Dallmeyer v. Dallmeyer
Supreme Court of Pennsylvania
Dallmeyer v. Dallmeyer, 2 Monag. 155 (Pa. 1888)
16 A. 72; 1888 Pa. LEXIS 826
Dallmeyer v. Dallmeyer
Opinion of the Court
The first assignment of error cannot be sustained. No exception was taken to the evidence complained of when it was admitted, and the motion to strike out was properly disregarded. Oswald v. Kennedy, 48 Pa. 9.
The second assignment is answered by saying that it would have been a grave error not to have submitted the case to the jury.
The judgment is affirmed.
Reference
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- Syllabus
- In an action for money loaned to a partnership, brought against a surviving member, the evidence showed that the money was paid by check drawn by the plaintiff, who was the wife of the deceased member, to tire order of the firm, and that the check was taken by plaintiff’s husband to the office of the firm, and was subsequently cashed by the firm. There was evidence from which it might be inferred that the money was loaned to the husband and by him invested in the firm, but no single piece of testimony was conclusive on either side. Held, that it was proper to s.ubmit the case to the jury. Where no exception is taken to the admission of evidence, the refusal of a subsequent motion to strike it out, is no cause for reversal, on error.