Reiner v. Augustinian College

Citations

• 250 Pa. 188
• 95 A. 395
• 1915 Pa. LEXIS 929

Syllabus

<p>Contracts — Loan of money — Educational institution — Corporations — Authority of officers — Evidence—Case for jury — Practice, C. P. — Trial—Evidence—Remarles of counsel.</p> <p>1. In the trial of an action to recover for money alleged to have been loaned by plaintiff to defendant college, where the evidence was conflicting as to whether the officer to whom the money was actually paid had authority to represent the college, it was not error to reject the offer of the plaintiff to prove that the officer to whom the money had been paid was a regular priest, and had taken the vows of poverty, which bound him not to possess or use money, in order to show that money paid to the priest was in fact a loan to the college, especially where the officer, by his own admission, had engaged in certain real estate transactions,</p> <p>2. It is not error for the court to refuse to allow a party to file an affidavit containing alleged improper remarks of counsel to the jury, in the trial of a case, where, when asked whether he wished to. have a juror withdrawn, counsel for said party replied in the .negative.</p> <p>3. In an action by plaintiff to recover for money loaned to an educational institution .where the evidence was conflicting as to whether plaintiff or her husband had actually advanced .the money, and whether, if advanced by her, it was received for the use of the corporation by one authorized to receive it, the case was for the jury and a verdict and judgment for defendant were sustained.</p>