The D. J. Foley

E.D. Pennsylvania

The D. J. Foley

12 F. 925, 1882 U.S. Dist. LEXIS 150

DecidedJune 13, 1882

StatusPublished

This text of 12 F. 925 (The D. J. Foley) is published on Counsel Stack Legal Research, covering District Court, E.D. Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

The D. J. Foley, 12 F. 925, 1882 U.S. Dist. LEXIS 150 (E.D. Pa. 1882).

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Opinion

Butler, D. J.

It is difficult to reach a satisfactory conclusion in. this case. The testimony is in direct, irreconcilable conflict. All that can be determined with certainty is that the libellant did render valuable services to the respondent. The precise situation of respondent, the extent of danger and necessity for aid, and the circumstances under which the libellant afforded assistance, cannot be ascertained. For the services a bill of $250 was presented, and the respondent tendered $100. It is not very important that this tender was called a “gratuity. ” It is evidence that something was due-r-an acknowledgment of this fact. Considering all the circumstances involved, I think it is safe to say the libellant should receive $180; and the evidence does not seem to warrant more. A decree will be entered for this sum.

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Butler, D. J.

It is difficult to reach a satisfactory conclusion in. this case. The testimony is in direct, irreconcilable conflict. All that can be determined with certainty is that the libellant did render valuable services to the respondent. The precise situation of respondent, the extent of danger and necessity for aid, and the circumstances under which the libellant afforded assistance, cannot be ascertained. For the services a bill of $250 was presented, and the respondent tendered $100. It is not very important that this tender was called a “gratuity. ” It is evidence that something was due-r-an acknowledgment of this fact. Considering all the circumstances involved, I think it is safe to say the libellant should receive $180; and the evidence does not seem to warrant more. A decree will be entered for this sum.

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Bluebook (online)

12 F. 925, 1882 U.S. Dist. LEXIS 150, Counsel Stack Legal Research, https://law.counselstack.com/opinion/the-d-j-foley-paed-1882.