Rhoades v. Patrick
Supreme Court of Pennsylvania
Error, to the Common Pleas of Armstrong county. This was an appeal from the judgment of a justice of the peace. Barbara Patrick brought suit against Samuel Rhodes on a note for $18.12, given for stone sold to him. Under her husband’s will she occupied a room in the mansion-house, and received one-third of the proceeds of the farm; the other part of the house, and the farm, were occupied by her sons.
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Error, to the Common Pleas of Armstrong county. This was an appeal from the judgment of a justice of the peace. Barbara Patrick brought suit against Samuel Rhodes on a note for $18.12, given for stone sold to him. Under her husband’s will she occupied a room in the mansion-house, and received one-third of the proceeds of the farm; the other part of the house, and the farm, were occupied by her sons. A quantity of stone was quarried, removed, and partly paid for, and the note sued on given for the balance, when one of the heirs told Rhoades that he did “ not want so many stone taken away…
1Opinion of the Court
*324The opinion of the court was delivered by
Black, J.
This was a suit commenced before a justice upon a note or single bill. The defence is rather curious. It is admitted that the note was executed by the defendant and delivered to the plaintiff without any fraud, imposition, or mistake, for the just and fair price of certain stones, which the defendant does not deny that he got. But he says the consideration has failed because the plaintiff, though she was in possession of, had not a good legal title to, the land from which the stones were taken; and having thus raised a question of title to…
2Cases cited1 opinion
- Goddard v. M'KeanSupreme Court of Pennsylvania · 1837