Legal Opinion

Clement v. Reppard

Supreme Court of Pennsylvania

Decided July 29, 1850PublishedCited by 2 opinions

Error to the Common Pleas of Northumberland county. This was a suit by Beppard vs. Clement, on a note not under seal, dated 19th February, 1848, for $12, payable to Aaron Beppard, four months after date, for balance of work at sawmill. It was an appeal from the judgment of a justice of the peace. The pleas were non assumpsit, payment, and payment with leave, &c. Clement employed Beppard to superintend the building of a steam sawmill, in Sunbury.

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Error to the Common Pleas of Northumberland county. This was a suit by Beppard vs. Clement, on a note not under seal, dated 19th February, 1848, for $12, payable to Aaron Beppard, four months after date, for balance of work at sawmill. It was an appeal from the judgment of a justice of the peace. The pleas were non assumpsit, payment, and payment with leave, &c. Clement employed Beppard to superintend the building of a steam sawmill, in Sunbury. He was.the foreman, was to superintend the work and employ the hands, and to receive $1 per day for his services. When Reppard was absent, one of the…

1Per curiam

Every person who gives a bond *113or a note without duress, is satisfied with it at the time. That he is so must he inferred from the rery nature of the act; and an express declaration of satisfaction can have no greater weight. Were the law otherwise, every promissory note would be conclusive evidence of a debt. But it is indisputable that a voluntary note cannot be recovered; while a voluntary bond, because it has a seal, which stands for a consideration, is a gift of the money. It may be safely said that the consideration of every promissory note is open to inquiry between the original parties…

2Cited by2 opinions

  1. Kirk v. Van HornSupreme Court of Pennsylvania · 1920
  2. Newell Booth Co. v. SheldrakeSuperior Court of Pennsylvania · 1903

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