Webster's Executors v. Newbold
Supreme Court of Pennsylvania
Certified from the Court at Nisi Prius. This was an action on the case, brought January 16th 1860, by Fletcher Webster and P. M. Blatchford, executors of Daniel Webster, against John L. Newbold.
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Certified from the Court at Nisi Prius. This was an action on the case, brought January 16th 1860, by Fletcher Webster and P. M. Blatchford, executors of Daniel Webster, against John L. Newbold. The plaintiffs declared in assumpsit,on a special agreement between their testator and the defendant, to which were added counts on a quantum meruit and for money had and received, and claimed “ two and a half per cent, upon the amount of the recovery in the case of Packer v. Nixon (Aspden’s Estate) which was tried in the Circuit Court of the United States for the Eastern District of Pennsylvania, at…
1Opinion of the Court
The opinion of the court was delivered,
by Thompson, J.
On the trial at Nisi Prius, my brother Woodward, presiding, held that the plaintiffs could not recover on the special agreements set forth in the narr. No exception was taken to this ruling, and this left the case upon the general counts for services, and for money had and received. The pleas were non assumpsit, payment with leave, and the Statute of Limitations.
The errors assigned are all to the charge of the court, and the first is, in saying “ that the evidence seems to be that Mr. Newbold received the money on the 18th of February…
2Cases cited5 opinions
- Finney v. CochranSupreme Court of Pennsylvania · 1841
- Lyon v. MarclaySupreme Court of Pennsylvania · 1832
- Gilkyson v. LarueSupreme Court of Pennsylvania · 1843
- Brown v. AgnewSupreme Court of Pennsylvania · 1843
- Geoghegan v. ReidSupreme Court of Pennsylvania · 1837
3Cited by2 opinions
- Anthracite Trust Co. v. LoughranSupreme Court of Pennsylvania · 1941
- Schwarz EstatePennsylvania Orphans' Court, Erie County · 1957