Legal Opinion

Weidler v. Farmers Bank

Supreme Court of Pennsylvania

Decided May 29, 1823PublishedCited by 8 opinions

IN ERROR. Samuel Weidler, the plaintiff in error, brought a suit in the Court of Common Pleas of Lancaster count]', against the defendants in error, in which he declared for money had and received by them to his use. It appeared from the record, and the several bills of exceptions accompanying it, that the Farmers Bank of Lancaster had, on the 10th of August, 1815, obtained a judgment on an award of arbitrators, against one John Fulweiler, for 361 dollars 43 cents.

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IN ERROR. Samuel Weidler, the plaintiff in error, brought a suit in the Court of Common Pleas of Lancaster count]', against the defendants in error, in which he declared for money had and received by them to his use. It appeared from the record, and the several bills of exceptions accompanying it, that the Farmers Bank of Lancaster had, on the 10th of August, 1815, obtained a judgment on an award of arbitrators, against one John Fulweiler, for 361 dollars 43 cents. A fieri facias issued to November term, 1815, which was levied upon a house and lot of ground in Marietta,which were subsequently…

1Opinion of the Court

The opinion of the court was delivered by

Gibson, J.

This action could be sustained only on proof of actual fraud in the defendants. . The contract between the judgment creditor and a purchaser at sheriff’s sale, is not like that .which arises, where, from the subject matter and nature of the agreement, it must be conceded that the parties proceed on a supposition that the facts are in a particular way, and in which the common mistake of both, is good ground to rescind the bargain ; but the purcháse is essentially based on a state of things resting in contingency. The par.ties do not treat for…

2Cited by8 opinions

  1. Van Buren v. WellsNew York Supreme Court · 1838
  2. King v. GunnisonSupreme Court of Pennsylvania · 1846
  3. Young v. AlgeoSupreme Court of Pennsylvania · 1834
  4. Adams v. Nicholas, Pennsylvania Court of Common Pleas, Philadelphia County1835
  5. 1400 Market St. v. Fox Funding LLCSuperior Court of Pennsylvania · 2015

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