Wolf v. Beales
Supreme Court of Pennsylvania
ElUtOIt. FROM the statement filed in the Common Pleas of Adams county, by the plaintiff Moses Beales, it appeared . , . , , ** that this suit was brought on a bond dated 19th August, 1816, executed by Andrew Wolf, the defendant, for the penal sum 0f 3892 dollars 90 cents, conditioned for the payment of , ,, . x r , . 1946 dollars 45 cents on the day alter its date.
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ElUtOIt. FROM the statement filed in the Common Pleas of Adams county, by the plaintiff Moses Beales, it appeared . , . , , ** that this suit was brought on a bond dated 19th August, 1816, executed by Andrew Wolf, the defendant, for the penal sum 0f 3892 dollars 90 cents, conditioned for the payment of , ,, . x r , . 1946 dollars 45 cents on the day alter its date. The defendant among other pleas, pleaded a set-off of a bond given by Moses Beales, the plaintiff, and Caleb Beales, to John Pearson, bearing date the 16th March, 1804, conditioned for the payment of 791. 17s. 9d., in one year…
1Opinion of the Court
The judgment of the Court was pronounced by
Gibson J.
Whether the Court was right in rejecting the evidence for the reason assigned, that as the bond was joint, the other obligor might, by the set-off being allowed, have been deprived of his right to defend himself .by any demand he may have had against the cestui que trust, it is unnecessary to decide. As a legal set-off under the act of assembly, a joint bond may be inadmissible ; but whether it may not be used as an equitable defence, where there is no insolvency in the case, is a question which will be worthy of consideration when it shall…
2Cited by3 opinions
- Stuart v. CommonwealthSupreme Court of Pennsylvania · 1839
- Rothschild v. BrusckeIllinois Supreme Court · 1890
- Potter v. BurdSupreme Court of Pennsylvania · 1835