Covely v. Fox
Supreme Court of Pennsylvania
Error to the Common Pleas of Berks. June 20. This was an action of debt on a joint and several note under seal, for the payment one year after the date thereof, to Henry Fox, his heirs or assigns, of the sum of $100. It was executed by one John Quin and by “Baughman & Covely.” The plaintiff below was Henry Fox, the defendant Aaron B. Covely.
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Error to the Common Pleas of Berks. June 20. This was an action of debt on a joint and several note under seal, for the payment one year after the date thereof, to Henry Fox, his heirs or assigns, of the sum of $100. It was executed by one John Quin and by “Baughman & Covely.” The plaintiff below was Henry Fox, the defendant Aaron B. Covely. The defendant pleaded non est factum, and some time after, fourteen days before trial, served upon the plaintiff’s attorney the following notice:— “ Please take notice that the defendant will withdraw all the pleas entered by him in this case, and enter…
1Opinion of the Court
*174The opinion of this court was delivered by
Bell, J.
With us, the plea of payment, with leave, &e., has a two-fold character; one being strictly legal, the other equitable, and first introduced from our want of a Court of Chancery. With notice of the special matter constituting the defence, any equity which tends to defeat the plaintiff’s action may be given in evidence ; but, without an accompanying notice, the plea has no more than its common-law effect, and, of course, the proof is confined to what that law recognises as payment: Hellinge v. Amey, 1 Wh. 65. With notice, as was happily said in…
2Cases cited3 opinions
- Musgrove v. GibbsSupreme Court of the United States · 1787
- Jones v. JohnsonSupreme Court of Pennsylvania · 1842
- Hellings v. AmeySupreme Court of Pennsylvania · 1836