Dallmeyer v. Dallmeyer

Citations

• 2 Monag. 155
• 16 A. 72
• 1888 Pa. LEXIS 826

Syllabus

<p>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.</p> <p>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.</p>