Bellas v. Hays
Supreme Court of Pennsylvania
In Error. Common covenant THIS was a writ of error to the Court of Fleas of Northampton county, in an action of brought by Hays against Bellas, in which there was a verdiet and judgment for the plaintiff for 900 dollars.
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In Error. Common covenant THIS was a writ of error to the Court of Fleas of Northampton county, in an action of brought by Hays against Bellas, in which there was a verdiet and judgment for the plaintiff for 900 dollars. The declaration recited, that by articles of agreement made the 8th July, 1814, between James Hays of Pennsylvania, of the one part, and Hugh Bellas of Sunbury, Pennsylvania, of the other, it was witnessed, that the plaintiff, for 1000 dollars, viz. 100 dollars paid at the execution of the said articles to Henry L. Clark, agent of the 100 dollars-on receiving the final patent…
1Opinion of the Court
The opinion of the Court was delivered by
Gibson J.
Some of the errors assigned in respect of the
charge, involve principles exactly the same as some which arise on the bills of exceptions to evidence. Without examining these in detail, I shall consider the principles of law on which they depend ; and in doing so, I shall inquire whether the contract was originally binding on Bellas, and whether if it were, Hays could support this suit, under all the circumstances of the case, and particularly under the present form of the declaration. I will then consider one or two exceptions that belong to no…
2Cases cited1 opinion
- Jordan v. CooperSupreme Court of Pennsylvania · 1817
3Cited by2 opinions
- Geiger v. CookSupreme Court of Pennsylvania · 1842
- Longley v. CottingMassachusetts Supreme Judicial Court · 1830