Savings Deposit Bank v. Reynier

Citations

• 41 Pa. Super. 1
• 1909 Pa. Super. LEXIS 1

Syllabus

<p>Carriers — Bill of lading — Negotiable bill — Evidence—Paper-books.</p> <p>On an appeal where the issue in the court below was as to the negotiability of a bill of lading, the appellate court will assume that it was negotiable, where the appellant fails to print the bill in the paper-book, and one of the witnesses testifies that the consignment was to the consignor’s own name, “notify” another, and that the person to be notified could not obtain title to the consignment until he lifted the draft accompanying the bill of lading.</p> <p>Conspiracy — Joint wrong — Parties—Pleading—Evidence—Judgment.</p> <p>Where a plaintiff declares against two or more persons averring a joint tort, he must prove a joint tort, and cannot recover upon evidence showing a tort by a single person, or several distinct torts by as many distinct persons.</p> <p>Where a joint tort is charged against several persons there cannot be a verdict against a single person.</p> <p>When three or more persons are charged as joint tort feasors, the plaintiff must prove a joint tort, that is, that two or more of the defendants have been guilty of the unlawful act charged, but his right to recover is not dependent upon his proving that all of the defendants are guilty; he may recover, if the evidence warrants it, against any two or more of the defendants, even although his proofs fail as to the others and the verdict is in favor of the latter.</p>