Jones v. Trimble
Supreme Court of Pennsylvania
IN ERROR. Writ of error to the Court of Common Pleas of Delaware were plaintiffs below, and brought this action of assumpsit against William Trimble, the defendant in error, upon a contract entered into under the following circumstances: In the year 1817, the plaintiffs, the defendant, and others, were managers of the Philadelphia, Brandywine and New London Turnpike Company.
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IN ERROR. Writ of error to the Court of Common Pleas of Delaware were plaintiffs below, and brought this action of assumpsit against William Trimble, the defendant in error, upon a contract entered into under the following circumstances: In the year 1817, the plaintiffs, the defendant, and others, were managers of the Philadelphia, Brandywine and New London Turnpike Company. The company being in want of funds to prosecute their work, the plaintiffs were appointed a committee to negotiate a loan of twelve thousand dollars with the Bank of the United States. The bank declined making the loan…
1Opinion of the Court
The opinion of the Court was delivered by
Huston, J.
This case is not the only one within my recollection, in which one of the parties has endeavoured to put his cause on points not appearing in the contract, or in the evidence.
It is said the turnpike company never was indebted to the Bank of the United States, and William Trimble never was indebted to the *386bank. It is said Jones and Hamilton borrowed for themselves, and loaned.the money to the turnpike company, and could have sued them next day. It is said the engagement of the turnpike company might be put out of the case, and then Trimble was…
2Cases cited7 opinions
- Cope v. SmithSupreme Court of Pennsylvania · 1822
- Roth v. MillerSupreme Court of Pennsylvania · 1827
- Overton v. TraceySupreme Court of Pennsylvania · 1826
- Pigou v. FrenchU.S. Circuit Court for the District of Pennsylvania · 1805
- Thursby v. GraySupreme Court of Pennsylvania · 1808
2 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Taulbee v. HargisCourt of Appeals of Kentucky · 1917
- Pesant v. HearttSupreme Court of Louisiana · 1870
- Theriot v. Heirs of DugasLouisiana Court of Appeal · 1925
- Lamorere v. AverySupreme Court of Louisiana · 1880
- Hall v. ThayerMassachusetts Supreme Judicial Court · 1846
1 more not listed; retrieve them via the Exa API.