Rodgers v. Black

Citations

• 15 Pa. Super. 498
• 1901 Pa. Super. LEXIS 379

Syllabus

<p>Bond — Action—Multiplicity of action.</p> <p>Where the obligor in a bond binds himself to pay a sum of money mentioned in the bond to the person or persons legally entitled to receive the same and agrees to join with the obligee in any legal proceedings which may be appropriate for the purpose of settling the question as to who was entitled to the fund, the said question may be settled in a suit upon the bond, without any prior action or proceeding.</p> <p>Receivers — Growing crops — Grass fed, to ponies.</p> <p>Where a person is appointed receiver of crops growing on land or harvested from a date named, he is entitled to the value of a crop of growing grass which had been cropped by ponies. The fact that the grass was fed to the ponies upon the stalk instead of being cut and cured and fed as hay makes no difference whatever. The grass had a commercial value in either case, and for that the receiver is responsible.</p> <p>Trial — Evidence—Province of court and jury.</p> <p>In an action of assumpsit, where a witness testifies to a certain state of facts, and no issue is raised either as to the facts to which he testified or as to his credibility, although the defendant is present in person during the trial, and it appears that if a verdict had been found against the uncontradicted evidence, it could not have been sustained, the trial judge commits no error in not submitting to the jury the question as to whether or not the testimony of the witness established the facts, and his credibility.</p> <p>Bond — Agreement as to costs — Verdict—Mistake—Modification of judgment by Superior Court.</p> <p>Where a bond provides that the costs of the proceeding to determine who is entitled to the fund mentioned in the bond shall be paid out of the fund, and in an action on the bond where the ownership of the fund is litigated and determined, a verdict and judgment is entered against one of the parties generally so as to carry costs, the Superior Court will not, on appeal, rever