Legal Opinion

Finlay v. Stewart

Supreme Court of Pennsylvania

Decided November 14, 1867PublishedCited by 17 opinions

Error to the Court of Common Pleas of Armstrong county: No. 95, to October and November Term 1867. This was an action of assumpsit, commenced January 16th 1866, by David Stewart against J. B. Einlay. The declaration was on the common counts, and there was filed with it a bill of particulars for one-half of certain advances, alleged to have been made by the plaintiff on the joint account of himself and the defendant.

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Error to the Court of Common Pleas of Armstrong county: No. 95, to October and November Term 1867. This was an action of assumpsit, commenced January 16th 1866, by David Stewart against J. B. Einlay. The declaration was on the common counts, and there was filed with it a bill of particulars for one-half of certain advances, alleged to have been made by the plaintiff on the joint account of himself and the defendant. The payments were: — ' Cash on contract of purchase of land from D. R. Burford ....... $3000 Cash on like contract with W. E. Standart . 5000 Cash on the same contract, . . . 2000…

1Opinion of the Court

The opinion of the court was delivered, November 14th 1867, by

Strong, J.

This was an action to recover one-half of several sums of money which the plaintiff alleged he had paid in discharge of joint liabilities of himself and the defendant. It was therefore an attempt to enforce contribution. One branch of the defence consisted in a denial of the alleged joint liability. To support his case, the plaintiff gave in evidence an agreement between D. R. Burford, on the one part, and Stewart, the plaintiff, and Finlay, the defendant, on the other, signed and sealed by all the parties, by which…

2Cases cited3 opinions

  1. Gillis v. M'KinneySupreme Court of Pennsylvania · 1843
  2. Erwin v. LeibertSupreme Court of Pennsylvania · 1842
  3. Quinn v. CrowellSupreme Court of Pennsylvania · 1839

3Cited by17 opinions

  1. Saunders v. McDonoughSupreme Court of Alabama · 1914
  2. Commonwealth v. BellSupreme Court of Pennsylvania · 1895
  3. Commonwealth v. LehmanSupreme Court of Pennsylvania · 1932
  4. Lind v. WebberNevada Supreme Court · 1913
  5. Botsford v. Van RiperNevada Supreme Court · 1910

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