Schlatter v. Etter
Supreme Court of Pennsylvania
IN ERROR, Writ of error to the District Court for the county of Dauphin. William Schlatter, William Gill, and William Worrell, assignees of Oppenheimer, Arnold, and Elias, plaintiffs in error, and plaintiffs below, brought this suit against George Etter, and Joshua Elder, late of the firm of Etter and Elder, and filed the following statement of their demand. i(Dauphin count3r, ss.
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IN ERROR, Writ of error to the District Court for the county of Dauphin. William Schlatter, William Gill, and William Worrell, assignees of Oppenheimer, Arnold, and Elias, plaintiffs in error, and plaintiffs below, brought this suit against George Etter, and Joshua Elder, late of the firm of Etter and Elder, and filed the following statement of their demand. i(Dauphin count3r, ss. “The plaintiffs sue the defendants, to recover a debt due by them on an agreement in writing, of which the following is a copy, viz. Philadelphia, April 18th, 1816. “ We promise to pay William Schlatter, William…
1Opinion of the Court
The opinion of the court was delivered by
Duncan, J.
This was an action of debt, under the statement law, and statement in pursuance of it. It is not a declaration at common law. The plea of payment with leave to give special matters in evidence, and notice given and accepted; and evidence received without objection at the trial, I would consider as a counter statement.
*38Etter and Elder had given three notes to Oppenheimer and others, payable on different days, and an arrangement took place, that the difference of exchange between the notes of the bank of Swatara and the city banks should be…
2Cited by1 opinion
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