146 Pa. 397 | Pennsylvania Court of Common Pleas, Alleghany County | 1892
Opinion,
The main controversy before the jury was whether the five hundred dollars which Lacher gave appellant, was compensation for going security for plaintiff and Lacher, or only a deposit to secure appellant from loss in so doing. But even in the latter view, on which plaintiffs’ case rests, appellant was entitled to credit for the expense he was put to in bringing Lacher back, after he had run away and the recognizance was forfeited. The learned judge correctly so charged the jury, but then he is reported as saying, “ As to the matter of the recognizance I have nothing to say to you, because there is not enough evidence before the court. It does not appear clearly what was done ; that is a question to be decided hereafter.” This was so plainly er
Judgment reversed, and venire de novo awarded.