Espy v. Allison
Supreme Court of Pennsylvania
ERROR to the common pleas of Dauphin county. William Espy against William Allison. Assumpsit for money had and received.
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ERROR to the common pleas of Dauphin county. William Espy against William Allison. Assumpsit for money had and received. On the 6th of May 1831, John Johnson gave his mortgage to Philip Wolfersberger, to secure three bonds, one bond for 650 dollars, payable presently; one for 500 dollars, payable the 1st of May 1832, and one for 500 dollars, payable the 1st of May 1833. On the 12th of October 1831, Philip Wolfersberger assigned the bond for 500 dollars, due the 1st of May 1833, to Mrs Fulton, and guaranteed the payment of it. Johnson paid to Wolfersberger the other two bonds before September…
1Opinion of the Court
The opinion of the Court was delivered'by
Kennedy, J.—
The first error assigned is, that the court below overruled the objection, made by the plaintiff’s counsel, to the admission of John Johnson and Philip Wolfersberger, offered as witnesses on the part of the defendant, on the ground that they were *464interested in the event of this suit, and therefore incompetent. It seems to be pretty evident, that if the plaintiff had not paid the money to the defendant, which he seeks to recover back in this action, the defendant might have maintained an action against Johnson on his bond for the recovery of…
2Cited by8 opinions
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- Patterson v. HughesSupreme Court of Pennsylvania · 1912
- Real Estate Saving Institution v. LinderSupreme Court of Pennsylvania · 1874
- Boas v. UpdegroveSupreme Court of Pennsylvania · 1847
- Deysher v. TriebelSupreme Court of Pennsylvania · 1870
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