Griffith v. Chew
Supreme Court of Pennsylvania
In Error. FROM the bill of exceptions accompanying the record of this cause, from the Court of Common Pleas of Philadelphia county, it appeared that in June Term, 1807, a judgment was confessed in that Court, by virtue of a warrant of attorney, in an action brought by Benjamin Chew, the testator of the defendant in error, who was plaintiff below,.against Robert E. Griffith, the plaintiff in error, on a joint and several bond in which Griffith and Philip Nicklin, since…
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In Error. FROM the bill of exceptions accompanying the record of this cause, from the Court of Common Pleas of Philadelphia county, it appeared that in June Term, 1807, a judgment was confessed in that Court, by virtue of a warrant of attorney, in an action brought by Benjamin Chew, the testator of the defendant in error, who was plaintiff below,.against Robert E. Griffith, the plaintiff in error, on a joint and several bond in which Griffith and Philip Nicklin, since deceased, were coobligors, conditioned for the payment of 28,346 dollars 79 0 1 4 . cents. To June Term, 1812, a scire facias…
1Opinion of the Court
Duncan J.
delivered the opinion of the Court..
The judgment confessed by the administrators of Philip Nicklin, in the life time of the testator, and the subsequent confessions of judgment on scire facias, are admissions of assets to the amount of this debt. So long as these judgments stand unreversed, this is incontrovertible. The whole rests on the solution of one question of law, and the application of one principle of equity. The legal question is, did the plaintiff receive payment in fact, or satisfaction by operation of law ? If the evidence offered did not tend to prove this, would the…
2Cases cited3 opinions
- Hayes v. WardNew York Court of Chancery · 1819
- Thomas v. ThompsonNew York Supreme Court · 1807
- Wilson v. WilsonSupreme Court of Pennsylvania · 1811
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