Legal Opinion

Archer v. Dunn

Supreme Court of Pennsylvania

Decided December 15, 1841PublishedCited by 7 opinions

THIS was an action of assumpsit originally brought by Samuel Archer, Isaac C. Jones, Richard Oakford, and Samuel T. Jones against Nathan Dunn, in which the plaintiffs declared for a large sum of money had and received by the defendant to their use. After the institution of the suit Samuel Archer died, and the trial was had in the names of the survivors.

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THIS was an action of assumpsit originally brought by Samuel Archer, Isaac C. Jones, Richard Oakford, and Samuel T. Jones against Nathan Dunn, in which the plaintiffs declared for a large sum of money had and received by the defendant to their use. After the institution of the suit Samuel Archer died, and the trial was had in the names of the survivors. The defendant pleaded non assumpsit and payment, and claimed a set-off of a sum of money due to him from Samuel Archer, and also for damages on account of the plaintiffs not complying with their contract to send two ships a year to Canton via…

1Opinion of the Court

The opinion of the Court was delivered by

Gibson, C. J.

To judge of the objection to the form of the action, it is necessary to consider how the parties stood at first, and how they stand now. By the original contract between Samuel Archer, Whitton Evans, and the partner firm of I. C. Jones, Oakford & Co., they agreed with the defendant and with each other, to enter into the Chinese trade for a period of not less than three nor more than five years; the first named parties furnishing capita] to send two ships yearly to Canton by way of England, and the defendant furnishing his services in…

2Cases cited3 opinions

  1. Henderson v. LewisSupreme Court of Pennsylvania · 1823
  2. Stewart ex rel. Salaignac v. CoulterSupreme Court of Pennsylvania · 1825
  3. Boggs v. CurtinSupreme Court of Pennsylvania · 1823

3Cited by7 opinions

  1. Meason v. KaineSupreme Court of Pennsylvania · 1871
  2. Miller & Reist v. Kreiter ex rel. BombergerSupreme Court of Pennsylvania · 1874
  3. Boehm v. United StatesUnited States Court of Claims · 1885
  4. Bentz v. BentzSupreme Court of Pennsylvania · 1880
  5. Marietta Manufacturing Co. v. United StatesUnited States Court of Claims · 1925

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