M'Ginnis v. Noble
Supreme Court of Pennsylvania
ERROR to the District Court of Allegheny county. David Noble, for use of Lippincott & White, against Edwa.rd M’Ginnis. This was an action of debt upon two bonds conditioned for the payment of $1500. The plaintiff, on the 13th June 1840, conveyed to the defendant a tract of land and took the two bonds in suit, which were payable in two and three years after date, for the purchase money.
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ERROR to the District Court of Allegheny county. David Noble, for use of Lippincott & White, against Edwa.rd M’Ginnis. This was an action of debt upon two bonds conditioned for the payment of $1500. The plaintiff, on the 13th June 1840, conveyed to the defendant a tract of land and took the two bonds in suit, which were payable in two and three years after date, for the purchase money. At the time of the sale there were judgments encumbering the land to the amount of $750, upon which executions were subsequently issued and levied upon the land in possession of the vendee, and it was sold by…
1Opinion of the Court
The opinion of the Court was delivered by
Rogers, J.
On the trial various points were made, which in the argument here have been properly abandoned. It is conceded *455that the assignee stands in no better situation than the assignor, and that the defendant is entitled to a defence against the payment of the bond. The difference is as to the amount of the deduction. The defendant contends the consideration has wholly failed. On the other hand,'the plaintiff insists it has failed in part only, viz., to the amount actually paid by the defendant, who was the sheriff’s vendor. The facts on which this…
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