Legal Opinion

Underwood v. Lilly

Supreme Court of Pennsylvania

Decided June 4, 1823PublishedCited by 15 opinions

Error to the court of Common Pleas of York county, in an action of debt on bond, not exceeding 1,900 dollars, brought in that court to August term, 1817, by Samuel Lilly, against Alexander Underwood, in which the plaintiff below filed the following statement.

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Error to the court of Common Pleas of York county, in an action of debt on bond, not exceeding 1,900 dollars, brought in that court to August term, 1817, by Samuel Lilly, against Alexander Underwood, in which the plaintiff below filed the following statement. This suit is brought on a penal bond, dated the 3d April, 1815, by which Alexander Underwood, the defendant, bound himself to the plaintiff, Samuel Lilly, executor of Edward Ml-Cabe, deceased, in the penal sum of 1,900 dollars, conditioned for the payment of the sum of 57 dollars, annually, to Rebecca M‘Cabe, widow of Edward M‘Cabe,…

1Opinion of the Court

The opinion of the court was delivered by

Duncan, J.

The statement sets out very fully the nature of the plaintiff’s cause of action. It was debt on bond with a penalty, conditioned for payment of the interest on the single sum, to Rebecca M‘Cabe, the widow of Edward M‘Cabe, during her life, and on her death, the principal sum to Samuel Lilly, the plaintiff below, the executor of the said Edward M‘ Ca.be. It then proceeds to state, that two years interest was due at the commencement, and claims judgment for the penalty.

The judgment was entered for the penalty so early as November, 1817. A fieri…

2Cases cited2 opinions

  1. Sparks v. GarriguesSupreme Court of Pennsylvania · 1806
  2. Boas v. NagleSupreme Court of Pennsylvania · 1817

3Cited by15 opinions

  1. State v. SquiresSupreme Court of Iowa · 1868
  2. Town of Danville v. PaceSupreme Court of Virginia · 1874
  3. M'Masters v. CommonwealthSupreme Court of Pennsylvania · 1834
  4. Syracuse City Bank v. DavisNew York Supreme Court · 1853
  5. Vaughan v. BowieSupreme Court of Arkansas · 1875

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