Sheaffer v. Sensenig

Citations

• 182 Pa. 634
• 38 A. 473
• 1897 Pa. LEXIS 854

Syllabus

<p>Trespass — Trover and conversion — Damages.</p> <p>In an action of trespass in the nature of trover and conversion for the wrongful taking of cattle, where the defendants allege that the plaintiff received the cattle as their bailee to feed and care for, under an agreement by which they hada right to take the cattle at any time, while the plaintiff alleges that the cattle were delivered to him as a purchaser, if the defendants establish their allegations, plaintiff is entitled to recover nothing, as an action in trespass will not lie lor feeding and caring for the cattle.</p> <p>Promissory notes — Evidence to explain note — Contract—Parol evidence— Declarations.</p> <p>Parol evidence is admissible to explain a receipt, an entry in a'bank book or account book, or to show the purpose for which a note was given.</p> <p>In an action of trespass to recover damages for the alleged wrongful taking of cattle, where the plaintiff claims that he acquired possession of the cattle as a purchaser, and defendants claim that his possession was merely that of a bailee, it is competent for the defendants to explain certain notes which the plaintiff gave them when he received the cattle, as well as a memorandum made by them at the same time, and such testimony does not modify a written contract; and declarations of the plaintiff to the effect that he was satisfied with what the defendants had done are admissible as corroborative of the defendants’ claim respecting the agreement under which the cattle were received by the plaintiff.</p>