Cooper v. Coats
Pennsylvania Court of Common Pleas, Philadelphia County
A bond and warrant to confess judgment had been executed by the defendant for 600?. Before the judgment was entered up, he had paid so much of the money as reduced the sum really due to less than 10?. And the question stated for the opinion of the court, was, whether the plaintiff should be allowpd costs. ?
1Opinion of the Court
Shippen, President.
In the case of a set-off, this rule, with respect to costs, would be subject to great inconvenience, for, as it happened this term, in Coxe v. Lolton, a set-off of 60l. might be given in evidence, though the plaintiff could never bring the matter to a trial before a justice; as it was not in his power to say, whether the defendant would resort to an action, or take advantage of the defalcation.
The opinion of the Court was afterwards delivered to the following effect:
Shippen, President. — W e think this case comes within the express words of the act of assembly, declaring…
2Cases cited3 opinions
- Brailey v. MillerSupreme Court of the United States · 1790
- Odell v. CulbertSupreme Court of Pennsylvania · 1845
- Shepherd v. WatsonSupreme Court of Pennsylvania · 1832