Morrison v. Berkey
Supreme Court of Pennsylvania
■In Error. ERROR to the Court of Common Pleas of Somerset county. Assumpsit in the Court below by Peter Bérkey against Abraham Morrison. The declaration contained three counts.
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■In Error. ERROR to the Court of Common Pleas of Somerset county. Assumpsit in the Court below by Peter Bérkey against Abraham Morrison. The declaration contained three counts. The first count stated that Berkey had become surety for and on behalf of Conrad Piper and Joseph Vickroy, trading under the firm of Piper and Vickroy, in the penal sum of 1600 dollars conditioned for the payment by the said Berkey, Piper and Vickroy, or either of them of the sum of 800 dollars to a certain George Kimmel,¡cm., and the same afterwards became due, and was demanded by the said George Kimmel, jun., and the…
1Opinion of the Court
Duncan J.
delivered the opinion of the Court.
The first count in this declaration, has been properly abandoned b\ the defendant in error. The evidence demurred to, did not tend to maintain the special contract. A jury could not have reasonably inferred the facts from the evidence. He rests his case on the money count, for money paid, laid out, and expended, for the use of the plaintiff in error.
The main question is, could the receipt by Kimmel, of the bond of Berkey and Reed, received in payment and satisfaction for the bond of Vickroy, Piper and Berkey, which Morrison had bound himself to…
2Cases cited1 opinion
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