Irwin v. Potter
Supreme Court of Pennsylvania
WRIT of error to the court of common pleas of Alleghany county, in a suit upon a promissory note brought by Elderkin Potter, the plaintiff below, against John H. Irwin, the defendant below, in which a verdict and judgment passed for the plaintiff below.
Read the full summary
WRIT of error to the court of common pleas of Alleghany county, in a suit upon a promissory note brought by Elderkin Potter, the plaintiff below, against John H. Irwin, the defendant below, in which a verdict and judgment passed for the plaintiff below. The plaintiff Elderkin Potter, and the defendant, John H. Irwin, together with certain other persons, representatives of Waugh deceased, were creditors of John Hoge, late of Washington county, who died seised of lands in Beaver and Mercer counties, Pennsylvania, and having obtained judgments against the administrators of Hoge in Washington…
1Opinion of the Court
The opinion of the Court was delivered by
Sergeant, J.
1st. When special matter is offered by the defendant by way of set-off, or in diminution of the plaintiff’s demand, it should set forth with reasonable certainty the grounds of the plaintiff’s liability. It has been held that the notice of set-off need not be so certain, and by no means so formal as a declaration,but it must describe the demand with reasonable certainty, so as not to take the plaintiff by surprise. Gogel v. Jacoby, 5 Serg. & Rawle 120; Lewis v. Culbertson, 11 Serg. & Rawle 50. It would be dangerous to allow a deviation from…
2Cases cited2 opinions
- Gogel v. JacobySupreme Court of Pennsylvania · 1819
- Lewis v. CulbertsonSupreme Court of Pennsylvania · 1824