Kane v. Fisher
Supreme Court of Pennsylvania
APPEAL from the circuit court of Dauphin county. This action was tried before the Chief Justice at a circuit court lately holden for the county of Dauphin, where a verdict was given against the defendant: upon which he moved for a new trial; the motion, however was overruled, and judgment entered upon the verdict. From the decision of the circuit court upon his motion for a new trial, the defendant appealed.
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APPEAL from the circuit court of Dauphin county. This action was tried before the Chief Justice at a circuit court lately holden for the county of Dauphin, where a verdict was given against the defendant: upon which he moved for a new trial; the motion, however was overruled, and judgment entered upon the verdict. From the decision of the circuit court upon his motion for a new trial, the defendant appealed. The action is in covenant, and founded upon articles of agreement under seal between John Kane, the assignor of the plaintiffs of the one part, and George Fisher, the appellant, of the…
1Opinion of the Court
The opinion of the Court was delivered by
Kennedy, J.
The first, second, fifth and sixth reasons relate exclusively to those matters which were all given in evidence, and made the ground of defence by the defendant, in the first action of covenant against him, instituted in 1808. They were not only all passed upon and decided in that action by the court and jury, but the defendant gained a very important advantage on account of them. A. deduction of upwards of 1400 dollars was made by the jury from the plaintiff’s demand, and from what would otherwise have been clearly given him, as his due, by…
2Cases cited2 opinions
- Bull v. HopkinsNew York Supreme Court · 1810
- Crouse v. MillerSupreme Court of Pennsylvania · 1823
3Cited by9 opinions
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- Gower v. SternerSupreme Court of Pennsylvania · 1837
- Oleson v. MerrihewWisconsin Supreme Court · 1878
- Carmony v. HooberSupreme Court of Pennsylvania · 1847
- Inhabitants of Embden v. LishernessSupreme Judicial Court of Maine · 1897
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