Nixon v. McCrory
Supreme Court of Pennsylvania
Error to the Court of Common Pleas No. 1 of Allegheny county: Of October Term 1882, No. 76. Assumpsit, by Joseph Nixon against William McCrory, on a promissory note given by defendant to plaintiff, dated March 17th 1881, at twelve months, for $906.69. The defendant filed the following affidavit and supplemental affidavit of defence: That instead of defendant being indebted to plaintiff, as alleged in his affidavit of claim, plaintiff is indebted to said defendant in a large…
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Error to the Court of Common Pleas No. 1 of Allegheny county: Of October Term 1882, No. 76. Assumpsit, by Joseph Nixon against William McCrory, on a promissory note given by defendant to plaintiff, dated March 17th 1881, at twelve months, for $906.69. The defendant filed the following affidavit and supplemental affidavit of defence: That instead of defendant being indebted to plaintiff, as alleged in his affidavit of claim, plaintiff is indebted to said defendant in a large sum of money, as per statement hereto attached and made part hereof, and that said indebtedness arose in manner…
1Opinion of the CourtJustice Paxson
For the purposes of this case we must assume the facts to be as stated in the affidavit of defence. If, as defendant swears, he hired the plaintiff as engineer on hoard the steamer Joseph, Nixon for the term of one month, and that during said term the plaintiff not only left the steamer and his service while in a foreign port, but in addition conspired with and induced the crew of said boat to desert it, he was clearly guilty of a breach of his contract with the defendant. The defendant also swears that when the plaintiff deserted the steamer lie left it with a high pressure of steam in its…
2Cited by2 opinions
- Murray v. WeigleSupreme Court of Pennsylvania · 1888
- Ketterer Manufacturing Co. v. Baltic Brewing Co.Superior Court of Pennsylvania · 1903