Beale v. Coon
Supreme Court of Pennsylvania
ERROR to the common pleas of Juniata county. John Beale and P. M’Kennan, plaintiffs in error against Jacob Coon, defendant in error. The plaintiffs in error were a committee of Frederick Nipple, a lunatic, and as such sold his personal property to Jacob Coon, the defendant in error, and took his note therefor.
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ERROR to the common pleas of Juniata county. John Beale and P. M’Kennan, plaintiffs in error against Jacob Coon, defendant in error. The plaintiffs in error were a committee of Frederick Nipple, a lunatic, and as such sold his personal property to Jacob Coon, the defendant in error, and took his note therefor. They brought suit on this note, to which Coon made defence, and the court permitted him to set-pff a debt due by Nipple, the lunatic, to him, and the jury certified a balance in favour of the defendant. The defendant then issued a scire facias against Beale and M’Kennan, to appear and…
1Opinion of the Court
The opinion of the Court was delivered by
Sergeant, J.
This suit was brought by Beale and M’Kennan on a sealed note of the defendant, payable to them or their order. The defendant alleged and was permitted to prove that it was given in *184consideration of certain goods bought from the plaintiffs, which, were the property of one Nipple, a lunatic; that the plaintiffs were his committee, and that he had a claim to a greater amount against the estate of Nipple. On this foundation the court charged thé jury to certify the balance due to the defendant from the estate of Nipple, of which M’Kennan was…
2Cases cited1 opinion
- Wolfersberger v. BucherSupreme Court of Pennsylvania · 1823
3Cited by4 opinions
- Stephens v. CotterellSupreme Court of Pennsylvania · 1882
- Warden v. EichbaumSupreme Court of Pennsylvania · 1850
- Anstock v. Director General of Railroads, Pennsylvania Court of Common Pleas, Schuylkill County1921
- In re Pietsch, Pennsylvania Court of Common Pleas, Delaware County1935