M'Fadden v. Erwin
Supreme Court of Pennsylvania
This was a writ of error to the District Court for the city and and county of Philadelphia, to remove the record of an aclion on the case, brought by James Erwin against William M'Fadden. The plaintiff declared in assumpsit on a promissory note or ‘ due bill’ drawn by the defendant in his favour, for the sum of one hundred dollars payable on demand.
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This was a writ of error to the District Court for the city and and county of Philadelphia, to remove the record of an aclion on the case, brought by James Erwin against William M'Fadden. The plaintiff declared in assumpsit on a promissory note or ‘ due bill’ drawn by the defendant in his favour, for the sum of one hundred dollars payable on demand. The defendant pleaded non assumpsit and payment, with leave to give the special matter in evidence; and in pursuance of the rule of Court, gave the following notices to the plaintiff: viz.— “Sir,—You are requested to take notice that the…
1Opinion of the Court
The opinion of the Court was delivered by
Kennedy, J.
The rejection of the evidence, offered by the defendant below in support of his claim against the plaintiff there, as a set-off to the demand of the latter, is attempted to be supported upon two grounds First, Because it was, as is alleged, a claim for unliquidated damages: and second, Because it was a claim growing out of a partnership entered into between the plaintiff and the defendant for excavating a section of a certain canal.
In regard to the first ground, it is certainly a misapprehension of the true character of the demand, which the…
2Cases cited1 opinion
- Galbreath v. MooreSupreme Court of Pennsylvania · 1833
3Cited by4 opinions
- Meason v. KaineSupreme Court of Pennsylvania · 1870
- McLean's Executors v. WadeSupreme Court of Pennsylvania · 1865
- Fessler v. Love & PowellSupreme Court of Pennsylvania · 1862
- Riley v. EigoSuperior Court of Pennsylvania · 1896