Swan v. Scott
Supreme Court of Pennsylvania
IN ERROR. In the District Court for the city and county of Lancaster, to which this was a writ of error, Joshua Scott brought an action of debt on a bond, conditioned for the payment of three thousand dollars, against John Swan, who pleaded payment with leave, &e. and gave the following notice of special matter.
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IN ERROR. In the District Court for the city and county of Lancaster, to which this was a writ of error, Joshua Scott brought an action of debt on a bond, conditioned for the payment of three thousand dollars, against John Swan, who pleaded payment with leave, &e. and gave the following notice of special matter. “ That the consideration of the bond on which suit is brought is illegal, it being given for services rendered by the plaintiff, in laying out, planning, surveying, selling tickets, &c. in a certain, lottery, unauthorised by law, in a certain town, called, and known, by the name of…
1Opinion of the Court
The opinion of the court was delivered by
Duncan, J.
The defence rested on this one principle: Could an inquiry be gone into with respect to the alleged illegal origin of the contract, between the parties, on which the settlement had been made, and which had been decided under the compulsory arbitration act, in favour of Scott’s claim? The effect of that proceeding, was the hinge on which the whole controversy turned. If we can look beyond the record, and go back to the first cause, then there is error; but if that is final, and concluded the right of the parties, the defence totally failed. It…
2Cases cited3 opinions
- Heller v. Lessee of JonesSupreme Court of Pennsylvania · 1811
- Cromwell v. ArrottSupreme Court of Pennsylvania · 1814
- Nace v. HollenbackSupreme Court of Pennsylvania · 1815
3Cited by3 opinions
- Columbia Bank & Bridge Co. v. HaldemanSupreme Court of Pennsylvania · 1844
- Scott v. DuffySupreme Court of Pennsylvania · 1850
- Fritz v. McGeehan, Pennsylvania Court of Common Pleas, Schuylkill County1923