Thomson v. Hopper
Supreme Court of Pennsylvania
ERROR to the Common Pleas of-county. This was an action on a book account, by Martin Hopper against John Thomson, commenced on the 28 th of April 1838, and came into the court below by appeal by the defendant from the judgment of a justice of the peace. The defendant pleaded non assumpsit, non assumpsit infra sex annos, and payment, &c.
Read the full summary
ERROR to the Common Pleas of-county. This was an action on a book account, by Martin Hopper against John Thomson, commenced on the 28 th of April 1838, and came into the court below by appeal by the defendant from the judgment of a justice of the peace. The defendant pleaded non assumpsit, non assumpsit infra sex annos, and payment, &c. The facts are sufficiently stated in the charge of the court: Burnside, President. — Here the action was brought in April 1838. The first item in the plaintiff’s account is in 1830, and the account is continued to the year 1837. The defendant’s account…
1DissentKennedy, J.
dissented from the opinion of the court in this case, and in the case of Van Swearingen v. Harris.
Kennedy, J. dissenting—The court below were no doubt right in admitting the account, as kept by the plaintiff in his book against the defendant, to be read in evidence. The plaintiff, after being sworn, testified that the book was his book of original entries; and that each of the entries, in the account against the defendant, was made at the time of its date. The defendant, however, objected to the book, or the account being given in evidence from it to the jury, because it was kept in the form…
2Cases cited2 opinions
- Cogswell v. DolliverMassachusetts Supreme Judicial Court · 1806
- Buntin v. LagowIndiana Supreme Court · 1825
3Cited by6 opinions
- Hay v. KramerSupreme Court of Pennsylvania · 1841
- Odell v. CulbertSupreme Court of Pennsylvania · 1845
- Hudson v. HudsonSuperior Court of Pennsylvania · 1902
- Radenbach's EstateSuperior Court of Pennsylvania · 1913
- Arnold v. Arnold, Pennsylvania Court of Common Pleas, Bedford County1930
1 more not listed; retrieve them via the Exa API.