Phinney v. Tracey
Supreme Court of Pennsylvania
Error to the Common Pleas of Bradford county. This case came before the court below, on an appeal from the judgment of a justice of the peace. The action was originally brought by the plaintiff in error to recover $65, the price of an ark sold by Decker and De Long to Hiram Baker, upon the order of James H. Phinney, to whom the defendant, George Tracey, became bound as the bail of Baker.
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Error to the Common Pleas of Bradford county. This case came before the court below, on an appeal from the judgment of a justice of the peace. The action was originally brought by the plaintiff in error to recover $65, the price of an ark sold by Decker and De Long to Hiram Baker, upon the order of James H. Phinney, to whom the defendant, George Tracey, became bound as the bail of Baker. On the trial of the cause below, it appeared that Phinney had transferred his claim to Hanson, and, at the time the transfer was made, Hanson released Phinney from all liability. The transfer and release were…
1Opinion of the Court
The opinion of the court was delivered by
Ro&ers, J.
' It is very difficult to resist the belief, that the assignment of Phinney to Hanson was made for the express purpose of enabling Hanson to make a set-off, in the suit brought before the justice by Tracey against Hanson; the claim as then understood to be supported, if necessary, by the oath of Phinney. It therefore came within the principle ruled in Post v. Avery, 5 Watts & Serg. 510; Leiper v. Pierce, 6 Watts & Serg. 555; Patterson v. Reed, 7 Watts & Serg. 144, and the Reading Railroad v. Johnson, Id. 317. A colourable assignment, to make…
2Cases cited3 opinions
- Post v. AverySupreme Court of Pennsylvania · 1843
- Patterson v. ReedSupreme Court of Pennsylvania · 1844
- Leiper v. PeirceSupreme Court of Pennsylvania · 1844
3Cited by1 opinion
- Estate of Hallie Linn SwaneySuperior Court of Pennsylvania · 1928