Shaffer v. Corson

Citations

• 141 Pa. 256
• 21 A. 647
• 1891 Pa. LEXIS 1067

Syllabus

<p>1. A statement of claim, averring the employment of defendant by plaintiffs to pay off a mortgage debt, that defendant had in his hands sufficient funds of plaintiffs for the purpose but wrongfully neglected to pay the debt, and the damage to plaintiffs therefrom, contains all the essential elements of a declaration for negligence.</p> <p>2. The evidence being conflicting, and both grounds of defence, the absence of any employment on the part of the defendant, and express direction by the plaintiffs to pay the money to the wrong person, having been submitted, with instruction that if either be found for the defendant he was not liable, the defendant had no just cause of complaint.</p> <p>3. Records, put in evidence by the defendant, showing efforts on the part of the plaintiffs, in relief of their own loss and, therefore, of the defendant’s responsibility to them, and the evidence in regard to the records being undisputed, there was no error in an instruction that they had no bearing upon the case.</p>