Hunter v. Moul
Supreme Court of Pennsylvania
May 4th, 1881. Before Siiarswood, C. X, Mercur, Gordon, Paxson, Trunkey, Stebrett and Green, JJ. Error to the Court of Common Pleas of York county. Of May Term 1881, No. 122. Assumpsit, by Conrad Moul against Andrew Hunter, to recover a balance due on a book account for goods sold. The action was commenced by foreign attachment, and service having been made on the garnishees, the defendant appeared and pleaded non-assumpsit, payment, and payment with leave, &.e.
Read the full summary
May 4th, 1881. Before Siiarswood, C. X, Mercur, Gordon, Paxson, Trunkey, Stebrett and Green, JJ. Error to the Court of Common Pleas of York county. Of May Term 1881, No. 122. Assumpsit, by Conrad Moul against Andrew Hunter, to recover a balance due on a book account for goods sold. The action was commenced by foreign attachment, and service having been made on the garnishees, the defendant appeared and pleaded non-assumpsit, payment, and payment with leave, &.e. The cause was referred to a referee under the provisions of the Act of April 9th 1868, Pamph. L. 7.S0, who found in favor of the…
1Opinion of the CourtJustice Mercur
*15Tliis judgment was entered on tlie report of a referee. The important facts found by him are substantially these: Hunter was indebted, on book account, to Moul, in the sum of some $1,100 or $1,200. On being asked for payment he replied he had no money, but had the promise of a note of $900 from Camp & Randall, payable in four months, and that he would give that to Moul to get discounted and use the money. The latter answered that he did not want the note, but that Hunter should get it discounted and give hi in the money. To this Hunter replied he was a stranger and could not get it…
2Cases cited2 opinions
- M'Lughan v. BovardSupreme Court of Pennsylvania · 1835
- M'Ginn v. HolmesSupreme Court of Pennsylvania · 1833
3Cited by12 opinions
- Dille v. WhiteSupreme Court of Iowa · 1906
- N. Holmes & Sons v. Briggs & DrumSupreme Court of Pennsylvania · 1890
- Newhall v. ArnettSupreme Court of Pennsylvania · 1924
- Kane v. EastmanCalifornia Court of Appeal · 1931
- Le Bar, to Use v. PattersonSuperior Court of Pennsylvania · 1936
7 more not listed; retrieve them via the Exa API.