Stevens v. Gregg
Supreme Court of Pennsylvania
In the Court of Common Pleas of Fayette county, from which this writ of error was returned, Nacca Gregg, administratrix of James Gregg, deceased, plaintiff below, had recovered judgment in this action of assumpsit against Jinn Stevens, the defendant below, and plaintiff in error.
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In the Court of Common Pleas of Fayette county, from which this writ of error was returned, Nacca Gregg, administratrix of James Gregg, deceased, plaintiff below, had recovered judgment in this action of assumpsit against Jinn Stevens, the defendant below, and plaintiff in error. The di^Iaration contained the common counts for goods sold by the intestate to the defendant, money paid to the defendant’s use by the intestate, and money had and received by the defendant to the intestate’s use, stating promises to the intestate in his life time, and also other counts of the same nature alleging a…
1Opinion of the Court
The opinion of the court, (Tilghman, J. being absent,) was delivered by
Duncan, J.
The declaration contains the common money counts on promises alleged to be made to the intestate in his life time, to which then are added a special count and promise to the administratrix as administratrix for the same cause of action,- stating a promise to Nacca Gregg, as administratrix of James Gregg, and the cause of action to have arisen in his life time, and the indebtedness to him. There is a general judgment on both counts.
It is a settled rule, that a plaintiff cannot join in the same action, a demand as…
2Cases cited1 opinion
- Jones v. MooreSupreme Court of Pennsylvania · 1813
3Cited by2 opinions
- Peries v. AycinenaSupreme Court of Pennsylvania · 1841
- Bank of Pennsylvania v. HaldemanSupreme Court of Pennsylvania · 1829