Nickle v. Baldwin
Supreme Court of Pennsylvania
ERROR to the Common Pleas of Allegheny county. Henry Baldwin against John Nickle. This action originated before a justice of the peace, and was brought to recover a book account. The plaintiff proved his account.
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ERROR to the Common Pleas of Allegheny county. Henry Baldwin against John Nickle. This action originated before a justice of the peace, and was brought to recover a book account. The plaintiff proved his account. The defendant offered to prove, by way of set-off, that about the year 1833 there was an agreement between him and the plaintiff, by which he was to deliver a quantity of logs to the plaintiff at his saw-mill, and that the plaintiff was to saw the same on the shares; that the logs were delivered by the defendant according to contract; but that the plaintiff instead of sawing them…
1Opinion of the Court
The opinion of the court was delivered by
Sergeant, J.
— 1. The defendant, to establish his set-off, offered his book of original entries, charging the plaintiff with certain logs delivered. He admitted that there had been an agreement made between him and the plaintiff, that these logs were to be sawed on the shares at the plaintiff’s mill, and offered his books, not to show the agreement or the value of the logs, but the quantity of logs delivered. The competency of such evidence has been lately decided upon in Lonergan v. Whitehead, (10 Watts 249), where it was held that a party’s book of…
2Cases cited2 opinions
- Steigleman v. JeffriesSupreme Court of Pennsylvania · 1815
- Lonergan v. WhiteheadSupreme Court of Pennsylvania · 1840
3Cited by14 opinions
- Dushane v. BenedictSupreme Court of the United States · 1887
- Ahl v. RhoadsSupreme Court of Pennsylvania · 1877
- Hunt v. GilmoreSupreme Court of Pennsylvania · 1868
- Glennon v. Lebanon Mfg. Co.Supreme Court of Pennsylvania · 1891
- Hall v. WoodSupreme Court of Pennsylvania · 1898
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