Brownfield v. Canon
Supreme Court of Pennsylvania
Error to the Common Pleas of Fayette county. The action was assumpsit by Daniel Canon, for the use of Boyle & Rankin, against William Searight, commissioner of the Cumberland Road, who succeeded William Hopkins in that office. Canon had been a contractor on the road, and the plaintiffs claimed to recover the amount of an order drawn by Canon in their favour on the 7th April, 1848, for $161.90, and notice of it given to the commissioner.
Read the full summary
Error to the Common Pleas of Fayette county. The action was assumpsit by Daniel Canon, for the use of Boyle & Rankin, against William Searight, commissioner of the Cumberland Road, who succeeded William Hopkins in that office. Canon had been a contractor on the road, and the plaintiffs claimed to recover the amount of an order drawn by Canon in their favour on the 7th April, 1848, for $161.90, and notice of it given to the commissioner. Ewing Brownfield claimed the amount due from the commissioner to Canon, under an arrangement alleged to have been made with Canon and the commissioner of the…
1Opinion of the Court
*301The opinion of the Court was delivered by
Lowrie, J.
The old common law process of interpleader is not much used with us, but it is not abolished, for we never consider an old remedy abandoned until we have an adequate substitute for it: 17 Ser. & R. 211, 314; 11 Id. 274; 9 Id. 323; 8 Id. 242; 1 P. A. Browne 82; 1 Miles 46. While, however, we receive the old forms, we modify them according to the analogies of our own general practice, and even enlarge their sphere according to the equitable principles of our common law: 4 Binn. 61; 4 Rawle 100; 9 State R. 51.
The principles of interpleading, and…
2Cases cited2 opinions
- Coates v. RobertsSupreme Court of Pennsylvania · 1833
- Heller v. Lessee of JonesSupreme Court of Pennsylvania · 1811
3Cited by5 opinions
- Bechtel v. SheaferSupreme Court of Pennsylvania · 1888
- Clarke & Cohen v. Real Ex Rel. Stroudsburg Nat. BankSuperior Court of Pennsylvania · 1931
- Fisher v. Stevens Coal Co. (Et Al.,)Superior Court of Pennsylvania · 1939
- Taylor v. PaulSuperior Court of Pennsylvania · 1898
- Fredericks v. CarsonSuperior Court of Pennsylvania · 1929