Legal Opinion

Goettel v. Sage

Supreme Court of Pennsylvania

Decided October 17, 1887No. 152PublishedCited by 9 opinions

ERROR TO THE COURT OE COMMON PLEAS OE VENANGO COUNTY. No. 152 October Term 1887, Sup. Ct.; court below, No. 46 January Term 1886, C. P. In the court below this was an action of debt brought on January 14,1886, by Miles W. Sage and Jacob Sheasley against Jacob Goettel, to recover upon a bond dated December 10, 1883, for 11,300. At the trial on June 9, 1886, before Charles E. Taylor, P. J., the bond having been proven and admitted, the defendant introduced evidence showing…

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ERROR TO THE COURT OE COMMON PLEAS OE VENANGO COUNTY. No. 152 October Term 1887, Sup. Ct.; court below, No. 46 January Term 1886, C. P. In the court below this was an action of debt brought on January 14,1886, by Miles W. Sage and Jacob Sheasley against Jacob Goettel, to recover upon a bond dated December 10, 1883, for 11,300. At the trial on June 9, 1886, before Charles E. Taylor, P. J., the bond having been proven and admitted, the defendant introduced evidence showing that it had been given to secure in part the consideration of a conveyance by the plaintiffs to the defendant of the…

1Opinion of the Court

Opinion,

Mr. Justice Williams:

This was an action of debt upon a bond. The defence set up was failure of consideration. The question raised by the assignments of error is, whether the facts which the defendant proposed to prove in support of this defence should be allowed to go to the jury. It is necessary to examine the facts out of which this litigation arises in order to a proper determination of this question.

The evidence shows that lots Nos. 47, 67 and 68, containing two hundred acres each, adjoined each other successively, and that Alfred Pearce was the owner of two hundred acres located…

2Cases cited2 opinions

  1. Appeal of WilsonSupreme Court of Pennsylvania · 1885
  2. Babcock v. DaySupreme Court of Pennsylvania · 1883

3Cited by9 opinions

  1. First National Bank v. RockefellerSupreme Court of Pennsylvania · 1938
  2. Norris v. CroweSupreme Court of Pennsylvania · 1903
  3. William F. Mosser Co. v. Cherry River Boom & Lumber Co.Supreme Court of Pennsylvania · 1927
  4. Wilson v. OttSupreme Court of Pennsylvania · 1896
  5. Mitchell v. California-Pacific Title InsuranceCalifornia Court of Appeal · 1926

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