Commonwealth ex rel. Mishey v. Brenneman
Supreme Court of Pennsylvania
On the return of a writ of error to the District Court for the city ■and countyof Lancaster, it appeared from, the three bills of exceptions which came up with the record, that this was an action of debt on a recognisance, brought in the name of the Commonwealth, for the use of Jacob Mishey, Samuel JBasler, Michael Brenneman, jr., and Thomas Eagar, assignees of Christian tongenecher, jr., administrator of Feronica Longenecher, deceásed, late wife of said Christian, and who…
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On the return of a writ of error to the District Court for the city ■and countyof Lancaster, it appeared from, the three bills of exceptions which came up with the record, that this was an action of debt on a recognisance, brought in the name of the Commonwealth, for the use of Jacob Mishey, Samuel JBasler, Michael Brenneman, jr., and Thomas Eagar, assignees of Christian tongenecher, jr., administrator of Feronica Longenecher, deceásed, late wife of said Christian, and who was a daughter of Henry Brenneman, deceased, against John Brenneman and John Jack, administrators of Henry Brenneman, the…
1Opinion of the Court
The opinion of the court was delivered by
Rogeíís, J.
This was an action of d.ebt on recognisance, to which the defendants pleaded payment and release. Replication, release without consideration, fraudulent and void, non solverunt and issues. To maintain the replication, the plaintiffs offered to prove, that Henry Brenneman procured the release to be drawn before the time of execution, as executed for full consideration, when he hád not the consideration money to pay: That to induce Christian Longenecher and wife to execute the. release, he artfully and fraudulently represented, that they…
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- Chapman v. LampertCourt of Appeals for the Tenth Circuit · 2014
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