Boyd v. Thompson
Supreme Court of Pennsylvania
The plaintiff’s declaration consisted of two counts; 1st for 300?. had and received for the use of John Boyd. 3d, For other 300/. on an insimul computasset by the defendants with the plaintiff, in their capacity of executors. Pleas, non assumpsit and payment.
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The plaintiff’s declaration consisted of two counts; 1st for 300?. had and received for the use of John Boyd. 3d, For other 300/. on an insimul computasset by the defendants with the plaintiff, in their capacity of executors. Pleas, non assumpsit and payment. The defendants’ counsel offered in evidence an agreement between the testators, Boyd and Thompson, whereby it appeared that four certain tracts of laud, were held by them in partnership ; and further offered to prove, that the plaintiff after her hnsband’s death, had sold two of the said tracts as surviving executor, and received the…
1Opinion of the CourtSmith, J.
refused taking any part in the decision, as he originally had brought the suit.
Yeates, J.
Had this matter been pleaded, or proper notice given of the intended set-off, I should think it might be well given in evidence. The debt claimed and counter demand, respect the representative character of the parties. Our defalcation act of 1715 (1 Dall. Laws 65) has often been said to be more comprehensive than the British statutes of 2 Geo. 2. c. 22, and 8 Geo. 2. c. 24, though it never could' have intended, that all kinds of damages under covenants should be set off, and it has been ruled accordingly.…
2Cited by1 opinion
- Stewart ex rel. Salaignac v. CoulterSupreme Court of Pennsylvania · 1825