Kerr v. Meredith
Supreme Court of Pennsylvania
Debt 250,000 dollars, on bond, dated 1st April 1797, with special condition. The defendant demurred to the declaration, which was overruled on argument in March term last. [Where the obligation, condition, article of agreement referred to therein, assignments and pleadings are fully stated.] He also pleaded by leave of the court, convenants performed..
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Debt 250,000 dollars, on bond, dated 1st April 1797, with special condition. The defendant demurred to the declaration, which was overruled on argument in March term last. [Where the obligation, condition, article of agreement referred to therein, assignments and pleadings are fully stated.] He also pleaded by leave of the court, convenants performed.. The plaintiff joined in demurrer; and further replied, that the obligors have not performed the covenants in the condition of the said bond mentioned, in this : that they have not indemnified the said Kerr, from all costs, suits, losses and…
1Opinion of the Court
The reasons in arrest of judgment were argued this term; but the sixth exception was abandoned as indefensible.
The arguments for the defendant were substantially as follow.
Exception 1st. The jury are bound to find the whole issue; but they have consolidated four distinct debts submitted to them into one mass, making a sum total of $1844 and 25 cents. The verdict must not only,be substantially good in itself, but it must be good with reference to all the pleadings. Here the verdict does not pursue the replication and rejoinder. There was no con*286solidated debt due to four different firms put in…
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