Masser v. Dewart
Supreme Court of Pennsylvania
Error to the Common Pleas of Northumberland county. This was a scire facias by William L. Dewart against John B. Masser, and Henry B. Masser, Peter B. Masser, and Erancis Bucher, executors of Henry Masser, deceased, on a judgment for $2500, dated April 1st 1852, executed by the said Jacob B. Masser and Henry Masser, in which, under the ruling of the court, there was a verdict and judgment in favour of plaintiff for the full amount, with interest, rejecting a credit which…
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Error to the Common Pleas of Northumberland county. This was a scire facias by William L. Dewart against John B. Masser, and Henry B. Masser, Peter B. Masser, and Erancis Bucher, executors of Henry Masser, deceased, on a judgment for $2500, dated April 1st 1852, executed by the said Jacob B. Masser and Henry Masser, in which, under the ruling of the court, there was a verdict and judgment in favour of plaintiff for the full amount, with interest, rejecting a credit which defendants claimed to deduct from the original sum. The facts of this case, the errors assigned by defendants, and the…
1Opinion of the Court
The opinion of the court was delivered, February 25th 1864, by
Agnew, J.
William L. Dewart, the plaintiff below, sought to revive a judgment against John B. Masser, and the executors of Henry Masser, defendants below. On the trial the defendants endeavoured to charge the plaintiff with the sum of $769.28, the proceeds of a sheriff’s sale, which they alleged had been appropriated, under an auditor’s report, to the judgment of the plaintiff. The court held that, under the facts, the plaintiff was not chargeable, this sum not being a proper credit; and this is the error assigned.
William L. Dewart…
2Cases cited1 opinion
- Constine's AppealSupreme Court of Pennsylvania · 1855
3Cited by1 opinion
- Semple v. SempleSupreme Court of Pennsylvania · 1899