Domestic Sewing Machine Co. v. Saylor
Supreme Court of Pennsylvania
Error to the Court of Common Pleas, No. 1, of Philadelphia county: Of July Term 1877, No. 20. Assumpsit by John L. Saylor against The Domestic Sewing Machine Company. The defendant, among other pleas, pleaded “set-off,” and gave notice of a joint and several bond in the sum of $5000, executed to the defendants by plaintiff and others.
Read the full summary
Error to the Court of Common Pleas, No. 1, of Philadelphia county: Of July Term 1877, No. 20. Assumpsit by John L. Saylor against The Domestic Sewing Machine Company. The defendant, among other pleas, pleaded “set-off,” and gave notice of a joint and several bond in the sum of $5000, executed to the defendants by plaintiff and others. On the trial, before Biddle, J., the plaintiff produced evidence to show that the defendants were indebted to him in the sum of $1800, the price of thirteen wagons sold and delivered to them. Under the .plea of set-off, the defendants offered in evidence a joint…
1Opinion of the CourtJustice Paxson
This record presents but a single question. John L. Saylor brought suit’against the Domestic Sewing Machine Company (defendants below) to recover the contract price for thirteen wagons which he alleges he constructed for them. The defendants claimed a set-off, and gave in evidence a joint and several contract in the form, of a bond, signed by Saylor with other parties, the condition of which was “that if the above bounden, Emanuel Plippard, his heirs, executors and administrators, shall well and truly pay or cause to be paid any and every indebtedness or liability now existing, or which may…
2Cases cited2 opinions
- Nickle v. BaldwinSupreme Court of Pennsylvania · 1842
- Hubler v. TamneySupreme Court of Pennsylvania · 1836