Gelber v. Western National Bank

Citations

• 53 Pa. Super. 155
• 1913 Pa. Super. LEXIS 146

Syllabus

<p>Practice, C. P. — Interpleader—Feigned issue.</p> <p>1. Where in an action against a bank, another party claims the fund in controversy, and the bank secures an interpleader order for a feigned issue to try the title to the money in dispute, it is the duty of the plaintiff's counsel to have a feigned issue framed between his client and the claimant, and if he fails to do so and issues a scire facias against the claimant with subsequent rules to file an affidavit of defense and to plead, and a judgment is obtained at the trial against the claimant, such judgment is irregular.</p> <p>Contract — Agreement partly oral and and yyritten — Evidence.</p> <p>2. Where an agreement is only shown in part by a writing it is proper to admit all competent oral testimony as to the agreement between the parties which induced and led up to the writing.</p> <p>Practice, C. P. — Assumpsit—Disputed evidence.</p> <p>3. As a general rule a plaintiff is not entitled to a binding instruction in his favor in an action of assumpsit, or in any other action where the parties dispute as to the facts, or the inferences to be deduced from oral testimony.</p>