Gilkyson v. Larue
Supreme Court of Pennsylvania
ERROR to the Common Pleas.of Bucks county, in which suit was brought to April term 1839 by Samuel Gilkyson (on whose death his executors were substituted) against Aaron Larue, and a verdict and judgment rendered for the defendant. The suit was on a promissory note dated April 18th 1829, made by the defendant in favour of James Gilkyson, promising to pay the sum of |850 with interest at 5 per cent, until paid.
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ERROR to the Common Pleas.of Bucks county, in which suit was brought to April term 1839 by Samuel Gilkyson (on whose death his executors were substituted) against Aaron Larue, and a verdict and judgment rendered for the defendant. The suit was on a promissory note dated April 18th 1829, made by the defendant in favour of James Gilkyson, promising to pay the sum of |850 with interest at 5 per cent, until paid. The defendant pleaded non assumpsit and payment with leave, &c., and non assumpsit infra sex annos-. Replication that he did assume within six years. The plaintiffs afterwards added the…
1Per curiam
The loss of this debt is due to the court which opened the judgment, without prescribing as a condition of its interference that the defendant should not plead the Statute of Limitations. According to the testimony of Mr M’Dowell, the allegation on which the court proceeded was that the judgment ought not to have been for interest, and this accompanied by an express disclaimer of a design to plead the statute; yet the judgr ment was opened generally ; the statute has been pleaded; and a fair debt has been lost by it. The Courts of Common Pleas seem, to think they have no power to impose…
2Cited by7 opinions
- Palmer v. GillespieSupreme Court of Pennsylvania · 1880
- Laforge v. JayneSupreme Court of Pennsylvania · 1848
- Johns v. LantzSupreme Court of Pennsylvania · 1870
- Webster's Executors v. NewboldSupreme Court of Pennsylvania · 1862
- Morgan's Administrators v. WaltonSupreme Court of Pennsylvania · 1846
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