Schoneman v. Fegley
Supreme Court of Pennsylvania
In error from the Common Pleas of Northampton. March 22. Assumpsit against Fegley and Goff, as endorsers of a note drawn by Vanhorn. After award for plaintiffs, 'defendants appealed. On the trial, plaintiffs, by leave, filed an additional count on a promise to pay the note; but the court rejected a new count for goods sold.
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In error from the Common Pleas of Northampton. March 22. Assumpsit against Fegley and Goff, as endorsers of a note drawn by Vanhorn. After award for plaintiffs, 'defendants appealed. On the trial, plaintiffs, by leave, filed an additional count on a promise to pay the note; but the court rejected a new count for goods sold. The plaintiffs proved the sale of goods for which the note in question was given, and read a letter signed by Fegley, written after the maturity of the note, promising to pay it. But it appeared that at that time the firm of Fegley and Goff had been dissolved. It was said…
1Opinion of the CourtBell, J.
The narr. originally filed is framed on the pi’omissory note endorsed by the defendants to the plaintiffs, in payment of goods sold by the latter to the former. Under this declaration the cause was arbitrated, and an award made in favour of the plaintiffs, from which the defendants appealed. On the *435trial, the court below refused to permit the plaintiffs to amend by adding a count for goods sold and delivered. In this there was error committed. Under the act of 1806, the courts of this state have properly manifested great liberality in permitting amendments of the pleadings in order to reach…
2Cases cited13 opinions
- Weakly v. Bell & SterlingSupreme Court of Pennsylvania · 1840
- Hackley v. PatrickNew York Supreme Court · 1808
- Estate of DavisSupreme Court of Pennsylvania · 1840
- Burdick v. GreenNew York Supreme Court · 1820
- M'Lughan v. BovardSupreme Court of Pennsylvania · 1835
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3Cited by6 opinions
- Fedak v. DzialdowskiSuperior Court of Pennsylvania · 1931
- Pottash Bros. v. BurnetCourt of Appeals for the D.C. Circuit · 1931
- Calabria v. State Workmen's Insurance FundSuperior Court of Pennsylvania · 1938
- Henry v. Seiberling Rubber Co.Court of Appeals of Kentucky (pre-1976) · 1936
- Pottash Bros. v. CommissionerUnited States Board of Tax Appeals · 1928
1 more not listed; retrieve them via the Exa API.