Heck v. Shener
Supreme Court of Pennsylvania
In Error. ON a writ of error to the Common Pleas of Dauphin county, it appeared,-that this was an action brought by Catherine Shener, the defendant in error, against John Heck, for services performed for him as his house-keeper, and for goods sold and delivered.
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In Error. ON a writ of error to the Common Pleas of Dauphin county, it appeared,-that this was an action brought by Catherine Shener, the defendant in error, against John Heck, for services performed for him as his house-keeper, and for goods sold and delivered. The pleas were non assumpsit and payment, with leave to give the special matters in evidence, The plaintiff having gone through her evidence, the defendant offered to prove, that during the time in which the plaintiff claimed compensation for her services as a house-keeper, and while she was in the defendant’s service, she did,…
1Opinion of the Court
Tirghman C. J.
It is contended for the defendant, that the evidence was proper, either by way of set-off, or under *250the plea of non assumpsit, as a defence against the action* As a set-off, I do not think it was evidence. Our act of assembly authorising a sét-off, is expressed in more extensive terms than the British statute ; but it has been settled, that it. does not comprehend matters of a tortious nature. This was decided in the case of Kachlein v. Ralston and others, 1 Yeatest 571, reported under the name of Kachlin v. Mulhallon, 2 Dall. 237. But whether the evidence was admissible under…
2Cases cited5 opinions
- Steigleman v. JeffriesSupreme Court of Pennsylvania · 1815
- Brown v. CumingNew York Supreme Court · 1804
- Kachlein v. RalstonSupreme Court of Pennsylvania · 1795
- Lessee of Dunlop v. SpeerSupreme Court of Pennsylvania · 1810
- Respublica v. RossSupreme Court of the United States · 1795
3Cited by10 opinions
- Willard v. NorrisSupreme Court of Pennsylvania · 1829
- United States v. BuchananSupreme Court of the United States · 1850
- Leech v. BaldwinSupreme Court of Pennsylvania · 1836
- Cornell v. GreenSupreme Court of Pennsylvania · 1823
- Roop v. BrubackerSupreme Court of Pennsylvania · 1829
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