Legal Opinion

Kearney v. Tanner

Supreme Court of Pennsylvania

Decided December 28, 1827PublishedCited by 2 opinions

IN ERROR. Error to the District Court for the city and county of Philadelphia, where a verdict and judgment were rendered in favour of Henry S, Tanner, the defendant in error and plaintiff below, against Francis Kearney, the plaintiff in error and defendant below.

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IN ERROR. Error to the District Court for the city and county of Philadelphia, where a verdict and judgment were rendered in favour of Henry S, Tanner, the defendant in error and plaintiff below, against Francis Kearney, the plaintiff in error and defendant below. The plaintiff declared in assumpsit for. money paid, laid out, and expended to the use of the defendant, and claimed the sum of eight hundred and. thirty-one dollars and thirty-three cents, with interest from the 24th of March, 1823. The plaintiff and defendant with two others, in January, 1817, formed a co-partnership for three…

1Opinion of the Court

The'opinion of the court was delivered by

Rogers, J.

It has been erroneously supposed, that it was adjudged by the late Judge M‘Kean, that a purchaser of mortgaged premises made himself personally liable to the mortgagee, for the amount due on the mortgage. If such had been the decision, it was well calculated to create alarm; as the assertion, by high authority, of a principle, heretofore not so understood by the profession, and most extensive in its operation. I was pleased to find on a careful examination, that this does not appear to have been his opinion. The charge of the court admits of…

2Cases cited3 opinions

  1. Morrison v. BerkeySupreme Court of Pennsylvania · 1821
  2. Slaymaker v. Gundacker's ExecutorsSupreme Court of Pennsylvania · 1823
  3. Doebler v. FisherSupreme Court of Pennsylvania · 1826

3Cited by2 opinions

  1. Trevor v. PerkinsSupreme Court of Pennsylvania · 1840
  2. Sargent v. CurrierSupreme Court of New Hampshire · 1870

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