Dushane v. Benedict
Supreme Court of the United States
ERROR TO THE CIRCUIT COURT OF THE UNITED STATES FOR THE WESTERN DISTRICT OF PENNSYLVANIA. This was an action of assumpsit, brought by Benedict, a citizen of Pennsylvania and rag-dealer at Pittsburgh, against Dushane and Stonebraker, citizens of Maryland and paper-makers at Hagerstown, to recover $813.03 for rags sold and delivered by him tr> them on February Y, 1882, as appeared by the plaintiff’s affidavit to a copy of the bill from his book of original entry.
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ERROR TO THE CIRCUIT COURT OF THE UNITED STATES FOR THE WESTERN DISTRICT OF PENNSYLVANIA. This was an action of assumpsit, brought by Benedict, a citizen of Pennsylvania and rag-dealer at Pittsburgh, against Dushane and Stonebraker, citizens of Maryland and paper-makers at Hagerstown, to recover $813.03 for rags sold and delivered by him tr> them on February Y, 1882, as appeared by the plaintiff’s affidavit to a copy of the bill from his book of original entry. Plea: “ Defendants plead payment, with leave, &c., and the special matter stated in affidavits of defence, and they claim damages…
1Opinion of the CourtJustice Gray
This was an action of assumpsit by a rag-dealer against paper-makers to recover $813.03 for rags sold and delivered by him to them. The plea was in the peculiar form used; in Pennsylvania, with a counterclaim. The plaintiff had a verdict and judgment, and the case comes before us on a writ of error sued out by the defendants.
The plaintiffs motion to dismiss the writ of error, for want of a sufficient amount in dispute to give this court jurisdiction, cannot be sustained, since the record shows that the defendants sought to recover the sum of $7000 in excess of the plaintiff’s claim, and this…
2Cases cited28 opinions
- Kellogg Bridge Co. v. HamiltonSupreme Court of the United States · 1884
- Thornton v. WynnSupreme Court of the United States · 1827
- Schuchardt v. AllensSupreme Court of the United States · 1864
- Jeffrey v. BigelowNew York Supreme Court · 1835
- Winder v. CaldwellSupreme Court of the United States · 1853
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3Cited by101 opinions
- Connolly v. Union Sewer Pipe Co.Supreme Court of the United States · 1902
- Ryan v. Progressive Grocery Stores, Inc.New York Court of Appeals · 1931
- Simms v. SimmsSupreme Court of the United States · 1899
- De Witt v. BerrySupreme Court of the United States · 1890
- Myers v. Hurley Motor Co.Supreme Court of the United States · 1927
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