Adams v. The Columbian Steam Boat Co.
Supreme Court of Pennsylvania
This was a writ of error to the District Court for the City and County of Philadelphia, to remove the record of an action on the case, brought to March term, 1835, by The Columbian Steam Boat Company against John S. Adams.
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This was a writ of error to the District Court for the City and County of Philadelphia, to remove the record of an action on the case, brought to March term, 1835, by The Columbian Steam Boat Company against John S. Adams. The plaintiffs filed in the court below, shortly after the return of the writ, a copy of certain book entries, upon which the action was brought, conformably to the provisions of the act of 1885, as follows:— “Mr. John S. Adams, To the Columbian Steam Boat Company, Dr. 1833. July 15. To cash paid Mrs. Wilson for a signal, in place of one taken by you, and not returned, do.…
1Opinion of the Court
The opinion of the court was delivered by
Huston, J.
—In this action the plaintiffs declared in assumpsit, for goods sold and delivered; for work done and materials provided ; for money lent; for money paid for the defendant; for money had and received; and on an account stated. It will be observed that this was a declaration at common law, and not a statement under our act of assembly.
The plaintiff, here, who was defendant below, filed an affidavit of defence, and pleaded non assumpsit, payment, and a set-off, and another special plea. There was no statement by the plaintiffs, nor…
2Cited by3 opinions
- Croushore's EstateSuperior Court of Pennsylvania · 1922
- American Manufacturing Co. To Use of John V. Doniphan v. S. Morgan Smith Co.Superior Court of Pennsylvania · 1907
- Sabo v. Stefan, Pennsylvania Court of Common Pleas, Northampton County1922