Dido v. Strobel

Citations

• 3 Pa. Super. 522
• 1897 Pa. Super. LEXIS 52

Syllabus

<p>Actions — Assumpsit—Proof of conspiracy does not defeat the action.</p> <p>An action was properly in assumpsit for money received by defendant from plaintiff on a promise to return same although the plaintiff’s proof established a conspiracy to extort money, in which conspiracy defendant had a part. The evidence, however, being conflicting, the case was properly left to the jury.</p> <p>Practice — Pleading—Erroneous plea cured by trial and verdict.</p> <p>The action being assumpsit the fact that defendant elected to file an erroneous plea but went to trial and submitted proof in support of a proper one precludes him from questioning, after verdict, the record as he made it.</p>