Gallagher v. Hurwitz

Citations

• 66 Pa. Super. 69
• 1917 Pa. Super. LEXIS 195

Syllabus

<p>Evidence — Receipt for goods — Delivery—Record—Record of a former suit.</p> <p>In an action for goods sold and delivered where the delivery of the goods is not challenged, the appellate conrt will not reverse the judgment for plaintiff because the trial judge admitted in evidence certain receipts showing delivery, the signatures to which were not satisfactorily proven.</p> <p>In such a case the trial judge properly excludes the record of another suit between the parties, where no allusion to such a suit is made in the affidavit of defense, and there is no offer of proof to show why the record is offered.</p> <p>Appeals — Assignments of error — Improper assignments.</p> <p>Objections to the effect that the verdict was against the law, was against the evidence, was against the weight of the evidence, and was excessive, should have been addressed to the court below on application for a new trial.</p>