Lee v. Dean
Supreme Court of Pennsylvania
On a writ of error to the District Court for the City and County of Philadelphia, the case was as follows: John Dean brought an action on the case, in that Court against William Lee, and filed the following declaration. ' “ William Lee, late of the county aforesaid, yeoman, was attached *to answer John Dean of a plea of trespass on the case, &c., and thereupon the said John, by George A. Graham, his attorney, complains, that whereas, heretofore, to wit, on the twenty-eighth…
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On a writ of error to the District Court for the City and County of Philadelphia, the case was as follows: John Dean brought an action on the case, in that Court against William Lee, and filed the following declaration. ' “ William Lee, late of the county aforesaid, yeoman, was attached *to answer John Dean of a plea of trespass on the case, &c., and thereupon the said John, by George A. Graham, his attorney, complains, that whereas, heretofore, to wit, on the twenty-eighth day of February, in the year of our Lord one thousand eight hundred and twenty-eight, at the county aforesaid, in…
1Opinion of the Court
The opinion of the Court was delivered by
Kennedy, J.
This is an action of assumpsit: the declaration contains four counts : the first three are special, setting forth a special agreement between the parties, alleging an observance and fulfilment thereof by the plaintiff, and a breach of the same on the part of the defendant: the fourth count is in indebitatus assumpsit for money had and received.
The counsel of the defendant below, the plaintiff in error here, submitted five points to the judge of the District Court, upon which the latter was requested to instruct the jury in favour of the…
Also in this document: Dissent.
2Cases cited5 opinions
- Seitzinger ex rel. Drinkel v. WeaverSupreme Court of Pennsylvania · 1829
- Houghtaling v. LewisNew York Supreme Court · 1813
- Malaun's Adm'r v. AmmonSupreme Court of Pennsylvania · 1854
- Good v. GoodSupreme Court of Pennsylvania · 1840
- Byers v. MullenSupreme Court of Pennsylvania · 1840
3Cited by15 opinions
- Brandt v. FosterSupreme Court of Iowa · 1857
- Hertzog v. Hertzog's AdministratorSupreme Court of Pennsylvania · 1859
- Eberz v. HeislerSuperior Court of Pennsylvania · 1900
- Meason v. KaineSupreme Court of Pennsylvania · 1871
- Barnett's AppealSupreme Court of Pennsylvania · 1864
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