Brockley v. Brockley
Supreme Court of Pennsylvania
ERROR TO THE COURT OF COMMON PLEAS OE LANCASTER COUNTY. No. 186 January Term 1888, Sup. Ct.; court below, No 142 April Term 1885. On April 17, 1885, an appeal was filed by the defendant from the judgment of a justice of the peace in favor of Bernard Brockley against John P. Brockley, on April 10, 1885, for $93.08. The defendant pleaded, non assumpsit, payment, payment with leave and set-off.
Read the full summary
ERROR TO THE COURT OF COMMON PLEAS OE LANCASTER COUNTY. No. 186 January Term 1888, Sup. Ct.; court below, No 142 April Term 1885. On April 17, 1885, an appeal was filed by the defendant from the judgment of a justice of the peace in favor of Bernard Brockley against John P. Brockley, on April 10, 1885, for $93.08. The defendant pleaded, non assumpsit, payment, payment with leave and set-off. At the trial on August 23, 1887, Bernard Brockley, the plaintiff, testified in substance that of an indebtedness of $900 due from his brother John P. Brockley, the defendant, in September, 1883, all had…
1Opinion of the Court
Opinion,
Mr. Justice Clark :
The only question to be considered in this case is as to the force and effect of the receipt, dated December 19,1884, given by Clark on payment of $180. A suit had been brought by Bernard Brockley against John P. Brockley, his brother, in the Justice’s Court of Los Angeles township, for the recovery of $200 which the defendant had refused to pay, and the re*6ceipt was given for $130 “in settlement of said case,” and with the agreement that the action would “ be dismissed and no other claims.” The expression, “ and no other claims,” is of itself perhaps ambiguous, but…
2Cases cited7 opinions
- Deland v. HiettCalifornia Supreme Court · 1865
- Pierson v. McCahillCalifornia Supreme Court · 1862
- Chamberlain v. M'ClurgSupreme Court of Pennsylvania · 1844
- Mackey's Heirs v. AdairSupreme Court of Pennsylvania · 1881
- Laird v. CampbellSupreme Court of Pennsylvania · 1880
2 more not listed; retrieve them via the Exa API.
3Cited by22 opinions
- Tiernan v. DevoeCourt of Appeals for the Third Circuit · 1991
- Miller's EstateSupreme Court of Pennsylvania · 1924
- Lucacher v. KersonSupreme Court of Pennsylvania · 1946
- Fleishman v. MeyerOregon Supreme Court · 1905
- Martin v. FrantzSupreme Court of Pennsylvania · 1889
17 more not listed; retrieve them via the Exa API.