Cummings v. Cummings
Supreme Court of Pennsylvania
ERROR to the Common Pleas of Lycoming county. John Cummings, Esq. against Thomas Cummings. This was an action of assumpsit for money had and received by the defendant for the use of the plaintiff, and for money paid, laid out and expended by the plaintiff for the defendant; to which the defendant pleaded non assumpsit and payment with leave, &c.
Read the full summary
ERROR to the Common Pleas of Lycoming county. John Cummings, Esq. against Thomas Cummings. This was an action of assumpsit for money had and received by the defendant for the use of the plaintiff, and for money paid, laid out and expended by the plaintiff for the defendant; to which the defendant pleaded non assumpsit and payment with leave, &c. In 1837 the plaintiff, John H. Cowden, and John E. Oliver, entered into two contracts with the Susquehanna Canal Company under the name of Cummings, Cowden & Oliver, for the construction of two sections of the canal, Nos. 22 and 23. The construction…
1Opinion of the Court
The opinion of the Court was delivered by
Gibson, C. J.
— Assertions made subsequently to the execution of a conveyance are not evidence to affect the title of the grantee; but are not a man’s assertions, whenever made, evidence to affect himself? The court refused to let the plaintiff prove that the defendant subsequently persisted in the same misrepresentations which led to the assignment, when he could not have been ignorant of their falsity; and would not persistance in a known falsehood be pregnant proof of bad faith from the beginning? Men are seldom guilty of gratuitous dishonesty; and…
2Cases cited2 opinions
- Childerston v. HammonSupreme Court of Pennsylvania · 1822
- Fisher v. KeanSupreme Court of Pennsylvania · 1832
3Cited by2 opinions
- Hall v. Pennsylvania RailroadSupreme Court of Pennsylvania · 1916
- Good Roads Machinery Co. v. Union TownshipSupreme Court of Pennsylvania · 1907