Heagy v. Umberger
Supreme Court of Pennsylvania
This was a writ of error to the Court of Common Pleas of Jldams county in a suit brought originally before a magistrate by Conrad Umberger, the defendant in error, plaintiff below, against the plaintiff in error Jacob Heagy, in which a verdict and judgment were rendered in favour of the plaintiff below.
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This was a writ of error to the Court of Common Pleas of Jldams county in a suit brought originally before a magistrate by Conrad Umberger, the defendant in error, plaintiff below, against the plaintiff in error Jacob Heagy, in which a verdict and judgment were rendered in favour of the plaintiff below. The declaration was in case, and stated, that Heagy on* &c, at, &c. in consideration that Umberger had then and there, at‘the special instance and request of Heagy, sold and delivered him a gelding, of the value of 65 dollars, Heagy then and there transferred and made over, to the said…
1Opinion of the CourtDuncan, J.
This is an action of assumpsit, not delictum quasi ex contractu, nor of case ex delicto, but an action on contract simply, in which the defendant in error was plaintiff below, who complained, that he sold to the plaintiff in error a horse of the value of 65 dollars, and that in consideration thereof, he transferred to him a single bill on one Jacob Shank, for the sum of 65 dollars, and that he undertook that Shank was solvent and able to pay the bill; that at the time of the assignment Shank was insolvent; that using all due diligence he has not been able to recover any part of the money,…
2Cases cited5 opinions
- Lessee of Snyder v. SnyderSupreme Court of Pennsylvania · 1814
- Whitaker v. WhitakerNew York Supreme Court · 1810
- Christ v. DiffenbachSupreme Court of Pennsylvania · 1815
- M'Meen v. OwenSupreme Court of Pennsylvania · 1792
- Traquair v. RedingerSupreme Court of Pennsylvania · 1806
3Cited by2 opinions
- Oliver ex rel. Rowland v. OliverSupreme Court of Pennsylvania · 1833
- Lyon v. Huntingdon BankSupreme Court of Pennsylvania · 1826