Lerch v. Bard

Citations

• 177 Pa. 197
• 35 A. 714
• 1896 Pa. LEXIS 964

Syllabus

<p>Practice, C. P. — Gharge of court — Unfair charge.</p> <p>The Supreme Court will reverse a judgment on a verdict for defendants where the court below takes up and refers to six items of evidence adduced by defendants and prominently presents them to the jury for their consideration in determining the main fact on which the case turns, without presenting to the jury competent evidence given by the plaintiff tending directly to contradict the evidence of defendants to establish four of the six alleged facts, and frequent declarations to the jury that all the evidence is for their consideration does not cure such instruction.</p> <p>Partnership — Authority of manager — Revocation of authority.</p> <p>Where a manager of a partnership business has had authority to borrow money for the partnership, mere notice by one partner acting independently of the others is not sufficient to revoke the long exercised power of the manager.</p> <p>Evidence — Partnership note — Attorney at law.</p> <p>In an action upon a partnership note signed by the manager of the partnership business, evidence that the manager was counsel for the plaintiff an the adjudication of her father’s estate in the orphans’ court is immaterial and irrelevant.</p>