Mitchell v. Smith
Supreme Court of Pennsylvania
In Error. THIS was a writ of error to the Common Pleas of Luzeriw .L county, and the record presented the following caseY Smith, the plaintiff below, brought an action of debt against Mitchell upon a sealed note for 483 dolls. 33 cts. dated the 11th March 1~96 and payable to Smith or order at the expiraition of three years from the date with lawful interest. The defendant pleaded payment with leave to give the special matter in evidence.
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In Error. THIS was a writ of error to the Common Pleas of Luzeriw .L county, and the record presented the following caseY Smith, the plaintiff below, brought an action of debt against Mitchell upon a sealed note for 483 dolls. 33 cts. dated the 11th March 1~96 and payable to Smith or order at the expiraition of three years from the date with lawful interest. The defendant pleaded payment with leave to give the special matter in evidence. Upon the trial of the cause before President Rus~r on the 23d April 1802 it was in evidence that the note was given for land near .Frenchtown in Luzerne, and…
1Opinion of the Court
On this day the judges delivered their opinions.
Shippen C. J.
This is a writ of error to reverse a judgment rendered in the court of Common Pleas for the county of Luzerne, in an action brought on a bill obligatory for the sum of four hundred and eighty three dollars and thirty three cents; to which the defendant pleaded payment, with leave to give special matters in evidence.
It appears on the record that the consideration for this bill was a tract of land conveyed by the plaintiff to the defendant, lying without the seventeen townships, in the county of Luzerne, and held by him under a deed…
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