Fulweiler v. Baugher
Supreme Court of Pennsylvania
IN ERROR. Writ of error to the Court of Common Pleas of Cumberland county. This suit, with five others, was brought by Daniel Baugher and John Crumbaugh, executors of Samuel Baugher, deceased, who was assignee of Peter Ikes, who was assignee of Philip Klinger, against Abraham, Fulweiler, surviving obligor in a bond dated the 8th of June, 1807, for the payment of one hundred pounds on the 30th of August, 1808. Plea, payment and nil debet: also a special plea, stating the…
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IN ERROR. Writ of error to the Court of Common Pleas of Cumberland county. This suit, with five others, was brought by Daniel Baugher and John Crumbaugh, executors of Samuel Baugher, deceased, who was assignee of Peter Ikes, who was assignee of Philip Klinger, against Abraham, Fulweiler, surviving obligor in a bond dated the 8th of June, 1807, for the payment of one hundred pounds on the 30th of August, 1808. Plea, payment and nil debet: also a special plea, stating the failure of consideration. Replication, that he does owe, non solvit and issues. On the 9th of February, 1820, an agreement…
1Opinion of the Court
The opinion of the court was delivered by
Huston, J.
This suit was brought against Fulweiler and his sureties, on a bond dated the 8th of June, 1807, for the payment of one hundred pounds on the 30lh of August, 1808. Pleas, payment, &c. nil debet, and a special plea stating the failure of consideration. Replication and issues. There were five other suits between the same parties on other bonds.
On the 9th of February, 1820, an agreement was entered into by the parties, and filed of record in the cause.
The above suits are on bonds, which were part of the consideration of a tract of land bought by…
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