Legal Opinion

Sedgebeer v. Moore

Philadelphia Court of Nisi Prius

Decided November 30, 1850Published

This was an action on the case. On the application of the plaintiff, the defendant, Theodore M. Moore, was held to bail in four thousand dollars.

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This was an action on the case. On the application of the plaintiff, the defendant, Theodore M. Moore, was held to bail in four thousand dollars. The affidavit to hold to bail alleged, in substance, that the defendant, Theodore M. Moore, being indebted to the plaintiff in the sum of $8,365,18, fraudulently induced him to agree to a compromise of his claim, by waiving the sum of $3,365,18, surrendering the evidences of the former debt, and releasing him from all other liability, on the latter confessing a judgment for $5,000, to be paid in quarterly instalments of $250, which judgment was…

1Opinion of the CourtRogers, J.

— On the application of the now plaintiff, and affidavit filed, a special order was made to hold the defendant to bail in the sum of four thousand dollars. The point now in controversy arises on a rule to show cause, non obstante the order, why Theodore M. Moore, who was arrested, should not be discharged on common bail.

If this was an action to recover money due upon a judgment, or decree founded upon a contract, or due upon any contract, express or implied, or for the recovery of any damages for the non-performance of any contract, a serious, question might arise, whether bail, in any event,…

2Cases cited1 opinion

  1. Shronk v. SupervisorsSupreme Court of Pennsylvania · 1832

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