Smith v. Lathrop
Supreme Court of Pennsylvania
Error to the District Court of Philadelphia. This was an action of assumpsit by Lathrop, Luddington & Co., merchants residing in New York, against Patrick Smith, James Riley, and William Hughes, partners trading as Smith, Riley & Hughes, in Philadelphia. The plaintiffs claimed to recover the amount of a book account.
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Error to the District Court of Philadelphia. This was an action of assumpsit by Lathrop, Luddington & Co., merchants residing in New York, against Patrick Smith, James Riley, and William Hughes, partners trading as Smith, Riley & Hughes, in Philadelphia. The plaintiffs claimed to recover the amount of a book account. The defendants set up as a defence, that before and at the time the plaintiffs brought their suit against them, they had brought an action against,them for the recovery of the same money, in the city of New York, and that said action was still pending and undetermined between the…
1Opinion of the Court
The opinion of the court was delivered, by
Read, J.
The question in this case arises upon an affidavit of defence, alleging the pendency of a prior action by the same plaintiff against the same defendants, for the same cause of action in the city of New York, in the state of New York, and which is still undetermined. It is proper that such a question should be definitely settled. ,
In England it may be pleaded that there is another action depending for the same trespass, or other cause of action in the same or any other superior court at Westminster. But it was decided by the Privy Council,…
2Cases cited11 opinions
- Buckner v. Finley & Van LearSupreme Court of the United States · 1829
- Hatch v. SpoffordSupreme Court of Connecticut · 1852
- Mitchell v. BunchNew York Court of Chancery · 1831
- Bowne v. JoyNew York Supreme Court · 1812
- Hart v. GrangerSupreme Court of Connecticut · 1814
6 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Coppedge v. ClintonCourt of Appeals for the Tenth Circuit · 1934
- Chadwick v. GillCourt of Chancery of Delaware · 1928
- Singer v. Dong Sup ChaSupreme Court of Pennsylvania · 1988
- Central Railroad v. N. J. West Line RailroadNew Jersey Court of Chancery · 1880
- First Commonwealth Bank v. Fresh Harvest River, LLC, Pennsylvania Court of Common Pleas, Clearfield County2010