Anspach v. Bast
Supreme Court of Pennsylvania
Error to the District Court of Philadelphia. This was an action of assumpsit, commenced June 30th 1865, by Emanuel Bast against John Anspach, Jr., on a promissory note dated December 22d 1864, from Anspach to Bast, payable in six months, for $5150. Anspach, in his affidavits of defence, averred that the note in suit, with others, was given in settlement of the purchase-money of a lease of coal-mines, &c., upon an agreement dated December 12th 1864, that he was to pay,…
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Error to the District Court of Philadelphia. This was an action of assumpsit, commenced June 30th 1865, by Emanuel Bast against John Anspach, Jr., on a promissory note dated December 22d 1864, from Anspach to Bast, payable in six months, for $5150. Anspach, in his affidavits of defence, averred that the note in suit, with others, was given in settlement of the purchase-money of a lease of coal-mines, &c., upon an agreement dated December 12th 1864, that he was to pay, monthly, thirty cents per ton for every ton of coal mined, until the purchase-money, which was to be fixed by referees, should…
1Opinion of the Court
The opinion of the court was delivered, May 1866, by
Strong, J.
The affidavits of defence set forth nothing that could avail the defendant at a trial, even were it admissible to show by parol evidence, that the parties had agreed to a conditional change of the promise contained in the note. They affirm that it was agreed, if the defendant should be unable to pay the amount of the note at its maturity, that he should have the time extended six months, and that this agreement for an extension was based upon the original contract for the purchase and sale of a colliery, that the payment of the…
2Cases cited1 opinion
- Fleming v. GilbertNew York Supreme Court · 1808
3Cited by8 opinions
- Gandy v. WeckerlySupreme Court of Pennsylvania · 1908
- Laurence E. Tierney Land Co. v. Kingston-Pocahontas Coal Co.Court of Appeals of Kentucky (pre-1976) · 1931
- Appleby v. BarrettSuperior Court of Pennsylvania · 1905
- Dominion Trust Co. v. RidallSupreme Court of Pennsylvania · 1915
- Wolf v. RosenbachSuperior Court of Pennsylvania · 1896
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