Cowles v. Cowles
Supreme Court of Pennsylvania
IN ERROR. Whit of error to the 'Common Pleas of Crawford eounty. This was an action on the case, brought by Michael Cowles, against Oliver -Cowles. The plaintiff filed a declaration containing four counts, 1st. For money had and received. 2. For money lent. 3. For work and labour done. 4. Quantum, me-ruit for work, &c. The defendant pleaded non assumpsit infra sex annos, payment and.set off with leave, &c.
Read the full summary
IN ERROR. Whit of error to the 'Common Pleas of Crawford eounty. This was an action on the case, brought by Michael Cowles, against Oliver -Cowles. The plaintiff filed a declaration containing four counts, 1st. For money had and received. 2. For money lent. 3. For work and labour done. 4. Quantum, me-ruit for work, &c. The defendant pleaded non assumpsit infra sex annos, payment and.set off with leave, &c. On the 14th February, 1828, -the plaintiff presented and filed the following .petition: “Plaintiff saith that the defendant being indebted to him, gave him two promissory notes, dated in…
1Opinion of the Court
The opinion of the Court was delivered by
ItooERs, J.
There is nothing in the plaintiff’s exceptions, which has not been already decided in Wright v. Crane, 13 Serg. & Rawle, 450. The act of the 27th February, 1798, under which this proceeding is had., does not require that the affidavit should be positive. It would weaken the act very much, say.s Chief Justice Tilghman, to decide, that positive proof was necessary, of the existence of ihe papers called for, or of their being in the possession of the adverse .party. The affidavit on which the Court made the order, is as positive as the nature…
2Cases cited1 opinion
- Wright v. CraneSupreme Court of Pennsylvania · 1826