Legal Opinion

Eby v. Eby's Assignee

Supreme Court of Pennsylvania

Decided December 7, 1846PublishedCited by 14 opinions

In error from tbe District Court for tbe city and county of Lancaster. Nov. 30. This was an action of debt brought by Daniel Eby, as assignee of Jacob Eby, senior, tbe defendant in error, against Jacob Eby, junior, tbe plaintiff in error, on a bond given by the said Jacob Eby, junior, to his father, Jacob Eby, senior, and by him assigned, under the act of Assembly, to Daniel Eby, for value received.

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In error from tbe District Court for tbe city and county of Lancaster. Nov. 30. This was an action of debt brought by Daniel Eby, as assignee of Jacob Eby, senior, tbe defendant in error, against Jacob Eby, junior, tbe plaintiff in error, on a bond given by the said Jacob Eby, junior, to his father, Jacob Eby, senior, and by him assigned, under the act of Assembly, to Daniel Eby, for value received. The bond was dated the 1st day of April, 1816, and was conditioned for the payment of £150, with lawful interest, on the 1st day of April, 1817. All the facts necessary to elucidate the points…

1Opinion of the CourtCoulter, J.

Jacob Eby, junior, executed and delivered his bond to Jacob Eby, senior, his father, for £300, dated the 1st of April, 1816, conditioned for the payment of £150 on the 1st of April, 1817. Jacob Eby, the obligee, transferred and assigned it to Daniel Eby, for value received, according to the provisions of the act of Assembly in such case made and provided. Daniel Eby brought an action of debt in the District Court of Lancaster county, to February Term, 1845, against Jacob Eby, junior. To this action the defendant pleaded the statute of limitations, payment with leave, &c. The plea of the…

2Cases cited6 opinions

  1. Foulk v. BrownSupreme Court of Pennsylvania · 1834
  2. Weakly v. Bell & SterlingSupreme Court of Pennsylvania · 1840
  3. Jones v. JohnsonSupreme Court of Pennsylvania · 1842
  4. Levers v. Van BuskirkSupreme Court of Pennsylvania · 1844
  5. Camp v. WalkerSupreme Court of Pennsylvania · 1836

1 more not listed; retrieve them via the Exa API.

3Cited by14 opinions

  1. Gregory's Exrs. v. CommonwealthSupreme Court of Pennsylvania · 1888
  2. Huffman v. SimmonsSuperior Court of Pennsylvania · 1938
  3. Grenet's EstateSupreme Court of Pennsylvania · 1938
  4. Sheafer v. WoodsideSupreme Court of Pennsylvania · 1917
  5. Schmalz v. Manufacturers & Traders Trust Co.Superior Court of Pennsylvania · 2013

9 more not listed; retrieve them via the Exa API.

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