250 Pa. 188 | Pa. | 1915
Opinion by
The Augustinian College of Villa Nova is an educational institution and the claim made against it by the plaintiff below was for money lent to it. This claim was not based on a loan formally mad.e or authorized by the officers of the institution, but upon four checks amounting to $4,110, drawn in the years 1905, 1908 and 1909 to the order of L. A. Delurey, who at the time was .treasurer of the college, and who testified on the trial
The two questions of fact for the jury’s consideration were very simple and were submitted under a charge to which no error has been assigned. Twenty-seven of the thirty assignments relate to rulings on offers of evidence. All of these have been duly considered, but none of them —unless they may be the 26th and 27th — call for separate mention. The case of the plaintiff depended upon the testimony of her husband and Dr. Delurey. Their testimony showed a very loose system on the part of the plaintiff in lending, and on the. part of the defendant in borrowing, money, but if they were to be believed by the jury, the plaintiff .was fairly entitled to recover. Her right to recover rested entirely upon what they said, and, to enable the jury to determine what credit should be given to their statements, their testimony, in chief called for the latitude allowed by the trial judge on their cross-examination. It is not needful, nor would it be profitable, to say more of the first twenty-five assignments than that we find nothing in them calling for a retrial of the case.
One of the disallowed offers of the plaintiff was to prove that Dr. Delurey — the. atlas of her case- — was a regular priest, that he had taken the vows of poverty and could not, therefore, own, possess or use money. This offer was made upon the theory, as counsellor appellant states in his printed argument, that, as Dr. Delurey had taken the vows of poverty, and was, therefore, unable to possess money in his individual right, a check drawn to
The 28th and 29th assignments complain of the refusal of the eourt to allow the plaintiff to file an affidavit containing certain alleged improper remarks made by counsel for the defendant to the jury. The record shows that, when the application was made to file the affidavit, the court asked counsel for the plaintiff whether he desired to have a juror withdrawn, to which he answered “no.” The said two assignments are, therefore, dismissed: Welker v. Hazen, 247 Pa. 122.
The 30th and last assignment complains of the court’s refusal to direct a verdict in favor of the plaintiff. Such a direction would have been manifest error
Judgment affirmed.