Biggs v. Funk
Supreme Court of Pennsylvania
ERROR to the common pleas of Westmoreland county. This was an action on the case in assumpsit, by the executors of Charles Funk against Andrew Biggs, in which the plaintiffs filed the following statement.
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ERROR to the common pleas of Westmoreland county. This was an action on the case in assumpsit, by the executors of Charles Funk against Andrew Biggs, in which the plaintiffs filed the following statement. Plaintiffs state their demand against the defendant to-be founded on the following charges and liabilities, viz: Book account, dated December 5th, 1831, for sawing timber, - - - - - - $5 00 Interest on same till May 1st, 1835, twelve years, ten months, and twenty-six days, - 3 97 A single bill drawn by defendant in favour of the said Christian Funk, deceased, calling for 16 dollars and 5…
1Opinion of the Court
The opinion of the Court was delivered by
Huston, J.
Before adverting to the other matters in this cause, the statement calls for a passing remark. The plaintiff states the different items of his claim, and the date of each; he ought to have said an. interest on each; instead of which, he calculates the interest on each'demand to the date of the statement, and adds the whole; and avers so much is due at the date of the statement. Now, of this amount, nearly one-half is composed of interest: and, evidently, in the court below, and here too, his idea was that the arbitrators or jury would take…
2Cases cited3 opinions
- Beirer v. BushfieldSupreme Court of Pennsylvania · 1832
- Sheets v. RudebaughSupreme Court of Pennsylvania · 1828
- Graff v. GraybillSupreme Court of Pennsylvania · 1833
3Cited by3 opinions
- Fowler v. StoneumTexas Supreme Court · 1854
- Rand v. RedingtonSuperior Court of New Hampshire · 1842
- Bradley v. Ray McGowen Ford, Inc., Pennsylvania Court of Common Pleas, Montgomery County1963