Natcher v. Natcher
Supreme Court of Pennsylvania
Error to the Common Pleas of Cumberland county. This was au action of assumpsit, brought to August Term 1862, by William Natcher against Gabriel Natcher, in which the plaintiff declared for $250 on a common count for money had and received. The material facts of the case were these : — A foreign attachment had been issued on the 15th day of September 1859, at the instance of William Natcher against Gabriel Natcher, which attachment was served upon Samuel Lehman as garnishee.
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Error to the Common Pleas of Cumberland county. This was au action of assumpsit, brought to August Term 1862, by William Natcher against Gabriel Natcher, in which the plaintiff declared for $250 on a common count for money had and received. The material facts of the case were these : — A foreign attachment had been issued on the 15th day of September 1859, at the instance of William Natcher against Gabriel Natcher, which attachment was served upon Samuel Lehman as garnishee. Lehman filed an answer admitting that he had in his possession for collection, two promissory notes belonging to…
1Opinion of the Court
The opinion of the court was delivered, by
Thompson, J.
A prior dispute existed between the parties to this suit, growing out of an alleged indebtedness by the plaintiff below to the defendant. The latter, to enforce his claim, attached the notes from which the money now sued for was derived, but before obtaining judgment on the attachment, the plaintiff, by his agent Lehman, transferred them to the defendant on settlement of the attachment, the agreement declaring the notes to have been received “ in full of all claims and demands of every kind .due, owing, or payable to me (the defendant) by…
2Cases cited1 opinion
- Colwell v. PedenSupreme Court of Pennsylvania · 1834
3Cited by7 opinions
- Gould v. McFallSupreme Court of Pennsylvania · 1888
- Miller v. HulmeSupreme Court of Pennsylvania · 1889
- Bobst v. GringSuperior Court of Pennsylvania · 1907
- Bomgardner v. BlattSuperior Court of Pennsylvania · 1908
- Devore's EstateSuperior Court of Pennsylvania · 1925
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