189 Pa. 145 | Pa. | 1899
Opinion by
This action was brought by the executor of Christian Siebert to recover the amount of certain dividends due on stock of the defendant company. The whole controversy at the trial related to a claim which the defendant sought to set off against the plaintiff’s demand. This claim was for an amount of money which represented unpaid dividends due stockholders which was in the hands of the decedent at the time of his death as treasurer of the bridge company. The set-off was contested by the plaintiff on the ground that the whole amount due the company had been included in a settlement with it, and had been paid by him. The issue of fact thus raised was clearly for the jury, and it would have been error to have affirmed the plaintiff’s first point.
The judgment is affirmed.