Pleasants v. Pemberton

Case. 'The declaration consisted of three counts: — 1st, Money lent. 2d, Money had and received to the plaintiff’s use; and 3d, Insimul computas set.

The defendant pleaded non assumpsit and payment, and the statute of limitations.

The action was brought for the use of George Fox, esq. and Mary his wife, who was the only child of Charles Pemberton, one of the sons of Israel Pemberton, to recover a sum of money which Joseph Pemberton the intestate, owed to his father’s estate, in order to equalize their dividends of the personal estate of the said Israel.

The defendant gave in evidence a receipt…