Legal Opinion

Harper v. Jeffries

Supreme Court of Pennsylvania

Decided December 15, 1839PublishedCited by 6 opinions

IN ERROR. This was a writ of error to the District Court for the City and County of Philadelphia. James Harper and Thomas Harper,, executors of the will of James Harper, deceased, brought an action of debt against George Jeffries and Robert Nuttle, on a bond given by the defendants to one John Warner, and assigned to the plaintiffs, dated the 7th of February, 1818, in the penal sum of $1000, with condition for the payment of $500 in eight years from the date, together with…

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IN ERROR. This was a writ of error to the District Court for the City and County of Philadelphia. James Harper and Thomas Harper,, executors of the will of James Harper, deceased, brought an action of debt against George Jeffries and Robert Nuttle, on a bond given by the defendants to one John Warner, and assigned to the plaintiffs, dated the 7th of February, 1818, in the penal sum of $1000, with condition for the payment of $500 in eight years from the date, together with lawful interest payable half-yearly. The defendants pleaded nil debent, with leave to give the special matters in…

1Opinion of the Court

The opinion of the Court was delivered by

Kennedy, J.

Each of the errors assigned in this case, may be considered as being embraced in one or other of the following questions, and either sustained or disaffirmed by the answers which shall be given to them. First; had, the plaintiffs, from any thing that appeared in evidence, a right to claim of the jury to be placed *38upon a more favourable footing than the obligee himself, had he been the plaintiff seeking to recover the amount of the bond in suit 1 Second; if the defendants, being the obligors in the bond, owed, at the time the land or house…

2Cited by6 opinions

  1. Mellon's AppealSupreme Court of Pennsylvania · 1858
  2. Renshaw v. GansSupreme Court of Pennsylvania · 1847
  3. Thompson v. AdamsSupreme Court of Pennsylvania · 1867
  4. Garrard v. Lantz ex rel. AndersonSupreme Court of Pennsylvania · 1849
  5. Clark v. ClarkSupreme Court of Pennsylvania · 1853

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