Finley v. Hanbest
Supreme Court of Pennsylvania
Error to the District Court of Philadelphia. This was au actiou of assumpsit, by Richard Einley against Thomas P. Hanbest, on a due bill, of which the following is a copy: “ Due Richard Einley whatever amount of taxes and incumbrances may be found against my tract of land, No. 245 Palmyra township, Pike county, this day conveyed to said Einley. “ T. P. Hanbest.
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Error to the District Court of Philadelphia. This was au actiou of assumpsit, by Richard Einley against Thomas P. Hanbest, on a due bill, of which the following is a copy: “ Due Richard Einley whatever amount of taxes and incumbrances may be found against my tract of land, No. 245 Palmyra township, Pike county, this day conveyed to said Einley. “ T. P. Hanbest. “ Philada., Aug. 7, 1849.” In August 1849, the plaintiff was the owner of a house and lot in Norristown, Montgomery county, and the defendant held a deed for certain land in Pike county. On the faith of the defendant’s representation…
1Opinion of the Court
The opinion of the court was delivered by
Woodward, J.
— To this action of assumpsit the defendant pleaded very specially a former action against him by the same plaintiff, for the same cause of action, and a judgment therein against the plaintiff of 19th February 1851. The plaintiff replied nul tiel record ; but instead of concluding with a prout patet per recordum, he put himself upon the country; and the defendant having done the like, they were before the jury on the ques*194tion, whether there was any such record as was set forth in the defendant’s plea.
On producing fhe record, it appeared…
2Cases cited4 opinions
- Marsh v. PierSupreme Court of Pennsylvania · 1833
- Betts v. StarrSupreme Court of Connecticut · 1825
- Hibshman v. DullebanSupreme Court of Pennsylvania · 1835
- Rice v. KingNew York Supreme Court · 1810
3Cited by8 opinions
- Erie City Iron Works v. BarberSupreme Court of Pennsylvania · 1888
- MacHen v. Budd Wheel Co.Supreme Court of Pennsylvania · 1928
- Bruner v. FinleySupreme Court of Pennsylvania · 1905
- Goodhart v. Bishop, Pennsylvania Court of Common Pleas, Cumberland County1891
- Plunkett v. HamnettSuperior Court of Pennsylvania · 1912
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