Johnson v. Hocker
Supreme Court of the United States
This was an action of debt, brought upon a bond, bearing date the 24th of April 1769, and conditioned for the payment of 5001. lawful money of Pennsylvania. To the plaintiff’s demand, the defendant pleaded payment, and issue was thereupon joined.
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This was an action of debt, brought upon a bond, bearing date the 24th of April 1769, and conditioned for the payment of 5001. lawful money of Pennsylvania. To the plaintiff’s demand, the defendant pleaded payment, and issue was thereupon joined. On the trial of the cause, Sergeant, in order to prove payment to the treasurer, agreeable to the tender law, offered to read the following certificate to the jury ; “Received, 29th March 1780, of Mr. George Hocker, the sum of 373 A 6s. 6d., being two-thirds of a bond and interest due to Mr. J. Johnson, of Germantown, which he refused to receive,…
1Opinion of the Court
*McKean, Chief Justice.
We certainly should not permit Mr. Snowdon, if he were here, to swear that he was told that such persons were present at the tender; but the question is, whether, having certified what he ought not to certify, the whole ought to be rejected ? We think, that it ought not. The paper should be admitted, to prove that j>ayment was made to the treasurer, agreeable to the act of assembly, at the time mentioned in the receipt. All the rest may be stricken out; or, indeed, only so much as goes to that point, may be read, and admitted to be proved.
The Chief Justice, accordingly,…
2Cases cited1 opinion
- Respublica v. CoatesSupreme Court of Pennsylvania · 1791
3Cited by3 opinions
- Williams v. BakerSupreme Court of Pennsylvania · 1872
- Mervine v. SailorSupreme Court of Pennsylvania · 1865
- Shotwell's Executors v. DennmanSupreme Court of New Jersey · 1793