Henniss v. Page
Supreme Court of Pennsylvania
This was a writ of error to the District Court for the City and County of Philadelphia. On the return of the record it appeared, that John Page, assignee of Samuel Page, brought an action of debt against John Henniss on a bond given by the latter to Samuel Page, dated the 8d day of April, 1833, in the penal sum of $800, with condition for the payment of $400, on the 1st day of May, 1835, with interest; which bond was assigned on the 1st day of January, 1835, by Samuel Page…
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This was a writ of error to the District Court for the City and County of Philadelphia. On the return of the record it appeared, that John Page, assignee of Samuel Page, brought an action of debt against John Henniss on a bond given by the latter to Samuel Page, dated the 8d day of April, 1833, in the penal sum of $800, with condition for the payment of $400, on the 1st day of May, 1835, with interest; which bond was assigned on the 1st day of January, 1835, by Samuel Page to the plaintiff. The defendant pleaded payment and a set-off, &c. On the trial before Pettit, President, on the 2d day…
1Opinion of the Court
The opinion of the Court was delivered by
Rogers, J.
This is an action of debt on bond, by John Page, assignee of Samuel Page, against John Henniss. The defendant pleaded a set-off, and under .that plea gave in evidence a judgment, Eli Thomas v. John Hammond and Samuel Page; a scire facias to revive the same; and judgment, December 13th, 1834, against Samuel Page alone; and an assignment of the judgment, on the 3d of April, 1835, to the defendant. In avoidance of the set-off, the plaintiff proved, that at the time the bond was given, John Page said to Henniss, “ Now you will go and buy another…
2Cases cited1 opinion
- Reed v. Penrose's ExecutorsSupreme Court of Pennsylvania · 1859
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- Tagg v. BowmanSupreme Court of Pennsylvania · 1882
- Reed v. Penrose'sSupreme Court of Pennsylvania · 1860
- Russell v. First Presbyterian ChurchSupreme Court of Pennsylvania · 1870
- Hostetter v. GiffenSupreme Court of Pennsylvania · 1920
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