Tassey v. Church
Supreme Court of Pennsylvania
ERROR to the District Court of Allegheny county. This was an action brought by Samuel Church, James T. M’Vay and Franklin Gordon, trading in the name of Church, M’Vay & Gordon, against John Tassey and Samuel Church, trading in the name of Tassey & Church. The plaintiffs declared for money had and received, &c., and an account stated.
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ERROR to the District Court of Allegheny county. This was an action brought by Samuel Church, James T. M’Vay and Franklin Gordon, trading in the name of Church, M’Vay & Gordon, against John Tassey and Samuel Church, trading in the name of Tassey & Church. The plaintiffs declared for money had and received, &c., and an account stated. A verdict and judgment were rendered against the defendants for #13,013.76. The defendant, John Tassey, sued out a writ of error to September term 1842, and the Supreme Court affirmed the judgment. He then filed his bill on the Chancery side of the District Court…
1Opinion of the Court
The opinion of the Court was delivered by
Gibson, C. J.
The argument at the bar has taken a wider range than the point before us, which involves no more than the levy of the execution on the separate estate of Tassey, one of the defendants and a partner of the debtor firm. The bill on the equity side of the court is no part of the record; and though it is spread on the paper book, it is to have no influence on the question raised by the assignment of error, further than the facts charged may illustrate the injustice and inconvenience of the method attempted in this instance to carry out the…
2Cited by4 opinions
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