Wollenweber v. Ketterlinus
Supreme Court of Pennsylvania
Error to the District Court, Philadelphia. This was an action of assumpsit brought in the court below by E. Ketterlinus, against L. A. Wollenweber.
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Error to the District Court, Philadelphia. This was an action of assumpsit brought in the court below by E. Ketterlinus, against L. A. Wollenweber. The first count in the declaration charged that one William McKean was indebted to the plaintiff in $234.50, and that plaintiff had in his possession goods of the said W. McKean, of the value of $300, as security for the same; and that the defendant, in consideration that the plaintiff, at his request, would relinquish the possession of the said goods and abandon his lien thereon, promised plaintiff to pay him the said sum of $234.50 in thirty…
1Opinion of the Court
The opinion of the court was delivered by
Coulter, J.
The first bill of exceptions covers the admission of a copy of a letter purporting to be from Wollenweber to Mc-Kean. The only objection taken below and apparent on the bill of exception is, that the clerk of Wollenweber had no authority to write the letter. This only will be considered, because if there were other well founded objections, they were not taken below, which is a sufficient reason for their not being considered here. If they had been disclosed below, they might have been there removed; we pass upon what was passed upon below…
2Cases cited2 opinions
- New Orleans v. United StatesSupreme Court of the United States · 1836
- Ives v. NilesSupreme Court of Pennsylvania · 1836