Frazier v. Thompson
Supreme Court of Pennsylvania
ERROR to the Common Pleas of Butler county. John Thompson against James Frazier and Isaiah Nibloek. This was an action of debt upon a note for $400, to which the defendants pleaded payment with leave, &c. The defendants proved that the consideration of the note was goods purchased by the defendants from the plaintiff at different times; and among other things a quantity of Brandreth’s pills, to the amount of #150, and the agency to sell them.
Read the full summary
ERROR to the Common Pleas of Butler county. John Thompson against James Frazier and Isaiah Nibloek. This was an action of debt upon a note for $400, to which the defendants pleaded payment with leave, &c. The defendants proved that the consideration of the note was goods purchased by the defendants from the plaintiff at different times; and among other things a quantity of Brandreth’s pills, to the amount of #150, and the agency to sell them. The defendants also gave some proof tending to show that the pills were spurious, and that they were fraudulently imposed upon the defendants. The…
1Opinion of the Court
The opinion of the Court was delivered by
Rogers, J.
We cannot distinguish this case from Yundt v. Roberts, (5 Serg. & Rawle 141). When the condition of a bond consists of several different parts, and some of them are lawful and' others not, it is good for such as are lawful, and void as to the rest. But if a contract is entire, and founded on two considerations, one of which is unlawful, that vitiates the whole. Cro. Eliz. 199; Crawford v. Morrell, (9 Johns. Rep. 196). Here, the purchase of the different articles was separate and distinct, not mutual and dependent, with an entirely different…
2Cases cited1 opinion
- Yundt v. RobertsSupreme Court of Pennsylvania · 1819
3Cited by6 opinions
- Western Union Telegraph Co. v. Burlington & Southwestern Ry. Co.United States District Court · 1882
- Cotten v. McKenzieMississippi Supreme Court · 1879
- White v. CookWest Virginia Supreme Court · 1902
- Filson's Trustees v. HimesSupreme Court of Pennsylvania · 1846
- Pollak v. GregoryThe Superior Court of New York City · 1861
1 more not listed; retrieve them via the Exa API.