Sterner v. Gower
Supreme Court of Pennsylvania
THIS was an action of covenant, brought by Jacob Sterner and Michael Altemus, administrators of Michael Sterner deceased, against John Gower, in the Common Pleas of Monroe county, of May term 1837, in which a declaration was filed, stating, that whereas, heretofore, to wit, on the 14th day of September 1827, at the county aforesaid, by certain articles of agreement then and there made, between the said Michael Sterner, now deceased, of the one part, and the said John Gower,…
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THIS was an action of covenant, brought by Jacob Sterner and Michael Altemus, administrators of Michael Sterner deceased, against John Gower, in the Common Pleas of Monroe county, of May term 1837, in which a declaration was filed, stating, that whereas, heretofore, to wit, on the 14th day of September 1827, at the county aforesaid, by certain articles of agreement then and there made, between the said Michael Sterner, now deceased, of the one part, and the said John Gower, of the other part, which said articles of agreement sealed with the seal of the said John Gower, the date whereof is the…
1Per curiam
— The distinction in Hess v. Heeble, is between those cases in which the cause of action appears to have been entire, and those in which it appears to have consisted of parts divisible without inconvenience or confusion. In the latter, it was said, the record, if it do not affirmatively show that the jury passed on the controverted matter, does not conclude the plaintiff in a subsequent action. Apply that distinction to the present case. The defendant below had covenanted to pay $1000 by instalments, thus: an amount sufficient to discharge a judgment which bound the land, and $75 yearly, till…
2Cited by4 opinions
- Bond v. MarkstrumMichigan Supreme Court · 1894
- Carvill v. GarriguesSupreme Court of Pennsylvania · 1847
- Carmony v. HooberSupreme Court of Pennsylvania · 1847
- Kapp v. ShieldsSuperior Court of Pennsylvania · 1901