Legal Opinion

Eckert v. Wilson

Supreme Court of Pennsylvania

Decided May 16, 1825PublishedCited by 4 opinions

IN ERROR. This was a writ of error to the Court of Common Pleas of Lan~ caster county, in an action on the case for goods sold and delivered, money lent, money paid, laid out, and expended, and money had and received, brought by Jacob Eckert, the plaintiff below and defendant in error, against the plaintiff in error, John Wilson, in which there was a verdict for the plaintiff below for seven hundred dollars.

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IN ERROR. This was a writ of error to the Court of Common Pleas of Lan~ caster county, in an action on the case for goods sold and delivered, money lent, money paid, laid out, and expended, and money had and received, brought by Jacob Eckert, the plaintiff below and defendant in error, against the plaintiff in error, John Wilson, in which there was a verdict for the plaintiff below for seven hundred dollars. The defendant pleaded non assumpsit, non assumpsit infra sex annos, payment, and set-off. Replication, non solvit, no set-off, and the statute of limitations, and issues were joined. The…

1Opinion of the Court

The opinion of the court was delivered by

DuNCAN, J.

The serious question is stated by the counsel for the plaintiff in error to be, whether tíre testimony of Mary Ring-wait, took the case out of the statute of limitations, and the rejection of all evidence as to set-off.

It may be proper to observe, that undoubtedly the whole conversation at that time of the alleged acknowledgment should have been received; for it tended to qualify the acknowledgment, and so far from being an admission of any debt, was a demand of a balance; and as to the evidence of set-off, perhaps, as this would be a set-off…

2Cases cited4 opinions

  1. Clementson v. WilliamsSupreme Court of the United States · 1814
  2. Roosevelt v. MarkNew York Court of Chancery · 1822
  3. Smith v. PorterSupreme Court of Pennsylvania · 1807
  4. Ex parte OveringtonSupreme Court of Pennsylvania · 1812

3Cited by4 opinions

  1. Bailey v. Bailey ex rel. NeillSupreme Court of Pennsylvania · 1826
  2. Black's Ex'rs. v. ReyboldSuperior Court of Delaware · 1842
  3. Church v. FeterowSupreme Court of Pennsylvania · 1830
  4. Searight v. CraigheadSupreme Court of Pennsylvania · 1829

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