Legal Opinion

Seltzer v. Coleman

Supreme Court of Pennsylvania

Decided July 1, 1859PublishedCited by 4 opinions

Error to the District Court of Philadelphia. This was a scire facias on a mechanic’s claim for $600, by John T. Coleman against Christian A. Seltzer, to which the defendant put in the following affidavit of defence :— “ Christian A. Seltzer, the defendant, being duly sworn according to law, doth depose and say, that he has a just and lawful defence to the above action, of this nature, to wit:— “ That the claim, upon which the above action is brought, has been fully paid and…

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Error to the District Court of Philadelphia. This was a scire facias on a mechanic’s claim for $600, by John T. Coleman against Christian A. Seltzer, to which the defendant put in the following affidavit of defence :— “ Christian A. Seltzer, the defendant, being duly sworn according to law, doth depose and say, that he has a just and lawful defence to the above action, of this nature, to wit:— “ That the claim, upon which the above action is brought, has been fully paid and satisfied, as will appear by the following statement and receipt, signed by the said plaintiff:— ‘ Philadelphia, Feb.…

1Opinion of the Court

The opinion of the court was delivered by

Read, J. —

The law on this subject is correctly laid down by Judge Story, in his Commentaries on the law of promissory notes, sec. 437: “ A negotiable promissory note,” says Judge Story, “ will, by our law, operate as an extinguishment of a prior existing debt, if it is so intended between the parties. The only questio'n is, as to the proof of such an intention. In general, as we have already seen, by the law of England, and of most of the states of America, the receipt of a promissory note of the debtor, for a debt, is, in the absence of all other…

2Cases cited1 opinion

  1. Jones v. ShawhanSupreme Court of Pennsylvania · 1842

3Cited by4 opinions

  1. Charles R. Peterson, in No. 80-2662 v. Crown Financial Corporation, a Corporation, in No. 80-2663Court of Appeals for the Third Circuit · 1981
  2. Walker v. TupperSupreme Court of Pennsylvania · 1892
  3. Bixler & Correll v. LeshSuperior Court of Pennsylvania · 1898
  4. Seaboard Finance Co. v. Schaefer, Pennsylvania Court of Common Pleas, Lackawanna County1949

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