Hunt v. Gilmore
Supreme Court of Pennsylvania
Error to the District Court of Allegheny county: No. 121, to October and November Term 1868. This was an action of assumpsit, commenced March 21st 1854, by John Gilmore against David Hunt. The plaintiff’s claim was on three promissory notes, dated February 11th 1848, payable in two, four and six months respectively, for $183.33 each.
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Error to the District Court of Allegheny county: No. 121, to October and November Term 1868. This was an action of assumpsit, commenced March 21st 1854, by John Gilmore against David Hunt. The plaintiff’s claim was on three promissory notes, dated February 11th 1848, payable in two, four and six months respectively, for $183.33 each. The defendant pleaded non assumpsit, &c.; also set-off, want of consideration, with leave, &c.; also a special plea that the notes were given in pursuance of an agreement with the plaintiff, dated January 21st 1848, in which it was recited that the plaintiff and…
1Opinion of the Court
The opinion of the court was delivered, January 5th 1869, by •
Sharswood, J.
The claim of the plaintiff below was on three promissory notes given by the defendant as part payment of the purchase-money of a colliery. The defence set up was that the plaintiff had violated his agreement by not delivering possession of the colliery according to its stipulations. This defence was not given under the pleas of non assumpsit or failure of consi*452dei'ation, as it might have been according to Heck v. Shener, 4 S. & R. 249, and many other cases. But there was a plea of set-off and a special plea setting out…
2Cases cited5 opinions
- Ellmaker v. Franklin Fire InsuranceSupreme Court of Pennsylvania · 1843
- Nickle v. BaldwinSupreme Court of Pennsylvania · 1842
- Bayne v. GaylordSupreme Court of Pennsylvania · 1834
- Phillips v. LawrenceSupreme Court of Pennsylvania · 1843
- Carman v. Franklin Fire Ins.Supreme Court of Pennsylvania · 1843
3Cited by23 opinions
- Fifth Mutual Building Society of Manayunk's AppealSupreme Court of Pennsylvania · 1934
- Glennon v. Lebanon Mfg. Co.Supreme Court of Pennsylvania · 1891
- North German Lloyd Steamship Co. v. WoodSuperior Court of Pennsylvania · 1901
- Groetzinger v. Latimer, Pennsylvania Court of Common Pleas, Alleghany County1892
- Haines, Jones & Cadbury Co. v. YoungSuperior Court of Pennsylvania · 1900
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