Legal Opinion

Johnston v. Cowan

Supreme Court of Pennsylvania

Decided October 29, 1868PublishedCited by 8 opinions

Error to the Court of Common Pleas of Westmoreland county: No. 47, to October and November Term 1868. This was an action of assumpsit, commenced on the 14th of November 1867, in which Edgar Cowan was plaintiff, and Thomas Johnston, James M. Taylor, John C. Taylor and Isaac Reese; partners trading as Johnston, Taylor & Co., were defendants.- The plaintiff declared on the common counts for an indebtedness of $1000, and also in a special count setting out that “ on the 9th day…

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Error to the Court of Common Pleas of Westmoreland county: No. 47, to October and November Term 1868. This was an action of assumpsit, commenced on the 14th of November 1867, in which Edgar Cowan was plaintiff, and Thomas Johnston, James M. Taylor, John C. Taylor and Isaac Reese; partners trading as Johnston, Taylor & Co., were defendants.- The plaintiff declared on the common counts for an indebtedness of $1000, and also in a special count setting out that “ on the 9th day of September, A. D. 1865, the defendants entered into an agreement in writing with said plaintiff, obligating themselves…

1Opinion of the Court

The opinion of the court was delivered, November 16th 1868, by

Thompson, C. J.

It is important to settle, first, whether the article of agreement declared on, is an instrument of writing for the payment of money within the rule of court and Act of Assembly ; if not, the other questions would, so far as this case is concerned, be immaterial. But we are very clear that it is such instrument in the covenant declared on. The article is an agree*279ment for the privilege of digging, mining and taking away clay .for the manufacture of fire-hrick, from the land of the plaintiff, and for every ton…

2Cases cited2 opinions

  1. Lowry v. MehaffySupreme Court of Pennsylvania · 1840
  2. Dewey v. DupuySupreme Court of Pennsylvania · 1841

3Cited by8 opinions

  1. Witman v. City of ReadingSupreme Court of Pennsylvania · 1899
  2. Stevenson v. Titus Admrs.Supreme Court of Pennsylvania · 1938
  3. Berwind-White Coal Min. Co. v. MartinCourt of Appeals for the Third Circuit · 1903
  4. Holt v. City of MontgomerySupreme Court of Alabama · 1924
  5. Everhart v. Dolph, Pennsylvania Court of Common Pleas, Lackawanna County1890

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