Anderson v. Levan
Supreme Court of Pennsylvania
ERROR to the Common Pleas of Berks county. Abraham Levan against Joseph Frahn and Edward Anderson. This was an action of assumpsit, in which the plaintiff declared against the defendants jointly: for goods sold and delivered: the same with a quantum valebant.- and for money had and received. The cause was referred to arbitrators, who made a report in favour of the plaintiff, and from which Anderson, one of the defendants, appealed: the other did not.
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ERROR to the Common Pleas of Berks county. Abraham Levan against Joseph Frahn and Edward Anderson. This was an action of assumpsit, in which the plaintiff declared against the defendants jointly: for goods sold and delivered: the same with a quantum valebant.- and for money had and received. The cause was referred to arbitrators, who made a report in favour of the plaintiff, and from which Anderson, one of the defendants, appealed: the other did not. The cause being at issue, and the jury sworn as to Anderson alone, the plaintiff offered in evidence the following agreement: Reading, December…
1Opinion of the Court
The opinion of the Court was delivered by
Huston, J.
Abraham Levan brought this action against both defendants. A rule for arbitration was entered — arbitrators chosen, and a report made against both for $165.64. Frahn, who is stated, to be insolvent, acquiesced. Anderson appealed, and, after objections, a jury were sworn, and a verdict against him for about the same sum with interest. - The first error assigned amounts to this : the report of arbitrators became a judgment as to Frahn, and there cannot be two judgments on a claim against two jointly. Admitting this to be true at common law, it…
2Cases cited3 opinions
- Sheehy v. Mandeville & JamessonSupreme Court of the United States · 1810
- Livingston v. RooseveltNew York Supreme Court · 1809
- Smith v. BlackSupreme Court of Pennsylvania · 1822
3Cited by6 opinions
- Flouders v. FOSTERSuperior Court of Pennsylvania · 1968
- Jones v. JohnsonSupreme Court of Pennsylvania · 1842
- Gaut v. Reed Bros. & Co.Texas Supreme Court · 1859
- Hoskinson v. EliotSupreme Court of Pennsylvania · 1870
- Welsh v. SpeakmanSupreme Court of Pennsylvania · 1844
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