Garrett v. Crosson
Supreme Court of Pennsylvania
Error to the Common Pleas of Chester county. This was an action of assumpsit by Elisha Garrett against William Crosson and Kennedy Crosson, upon a promissory note of which the following is a copy:— $200. London Britain. Ten days after date, we, or either of us, promise' to pay to Elisha Garrett, or order, two hundred dollars, without defalcation, for value received. William Crosson, February 9, 1856. Kennedy Crosson.
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Error to the Common Pleas of Chester county. This was an action of assumpsit by Elisha Garrett against William Crosson and Kennedy Crosson, upon a promissory note of which the following is a copy:— $200. London Britain. Ten days after date, we, or either of us, promise' to pay to Elisha Garrett, or order, two hundred dollars, without defalcation, for value received. William Crosson, February 9, 1856. Kennedy Crosson. The defendants pleaded, inter alia, the following special plea:— “And for further plea in this behalf, the said William and Kennedy Crosson say aotio non ; because they say, the…
1Opinion of the Court
The opinion of the court was delivered by
Strong, J. —
The note was given to secure a part of the purchase-money of a tract of land. If the consideration has wholly failed, it is difficult to see upon what principle the plaintiff is entitled to recover. Though the note was payable in ten days, suit was not brought upon it until after the time when, by the contract of sale, the promissee was bound to make a good title to the promissor. At that time, it was impossible for him to make such a title. There were encumbrances on the land, greater in amount than the whole of the purchase-money then…
2Cases cited2 opinions
- Magaw v. LothropSupreme Court of Pennsylvania · 1842
- Roland v. TiernanSupreme Court of Pennsylvania · 1844