Legal Opinion

Stoddart v. Smith

Supreme Court of Pennsylvania

Decided December 28, 1812PublishedCited by 18 opinions

THIS was an action of debt, brought in the name of Benjamin Stoddart for the use of the Bank of against Elizabeth Smith executrix of John Smith, upon a bond dated the 1st of August 1804, conditioned for the Payment of 5036 dollars 3 cents with lawful interest in one year from the date. The cause was tried under the plea of payment, before Brackenridge J. at a Nisi Prius in November, when a verdict was found for the defendant.

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THIS was an action of debt, brought in the name of Benjamin Stoddart for the use of the Bank of against Elizabeth Smith executrix of John Smith, upon a bond dated the 1st of August 1804, conditioned for the Payment of 5036 dollars 3 cents with lawful interest in one year from the date. The cause was tried under the plea of payment, before Brackenridge J. at a Nisi Prius in November, when a verdict was found for the defendant. It came now before this court upon a motion for a new trial. , His Honour reported the case to be as follows: The bond in question, together with other bonds and notes,…

1Opinion of the Court

Tilghman C. J.

This is an action of debt on a bond. The defendant pleaded payment and gaye notice that she should give in evidence a failure of the consideration for which the bond was passed. It appears that the plaintiff by his agent, the late colonel Burroughs, sold to John Smith deceased, forty five lots in the city of Washington, for the sum of 14,164 dollars payable by instalments. Several negotiable notes were given by Smith for the purchase money, as well as several bonds, of which this is one. The contract was made the 1st of August 1804. The defendant alleges, that the plaintiff was…

2Cases cited2 opinions

  1. Calder v. BullSupreme Court of the United States · 1798
  2. Oneale v. ThorntonSupreme Court of the United States · 1810

3Cited by18 opinions

  1. Carmell v. TexasSupreme Court of the United States · 2000
  2. Flint River Steamboat Co. v. FosterSupreme Court of Georgia · 1848
  3. Beall v. BeallSupreme Court of Georgia · 1850
  4. Sayres v. CommonwealthSupreme Court of Pennsylvania · 1879
  5. Foley v. CrowCourt of Appeals of Maryland · 1872

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