Finnel v. Brew ex rel. Mack
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of Bradford comity: Of July Term 1874, No. 16. This action was originally brought before a justice of the peace, by William Brew against James Finnel. An appeal from his judgment was entered in the Court of Common Pleas, on the 6th of May 1872. The record was amended there so that the record should be William Brew to this use of John Mack.
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Error to the Court of Common Pleas of Bradford comity: Of July Term 1874, No. 16. This action was originally brought before a justice of the peace, by William Brew against James Finnel. An appeal from his judgment was entered in the Court of Common Pleas, on the 6th of May 1872. The record was amended there so that the record should be William Brew to this use of John Mack. The circumstances in the case were as follows:— . Finnel was the beneficial plaintiff in three judgments in the Court of Common Pleas of Bradford county, against William Brew. On these judgments Brew paid Finnel $>50.…
1Opinion of the CourtJustice Woodward
When William Brew, the plaintiff below, paid the money- for the recovery of which this suit was brought, Finnel, the defendant, held three judgments against him, amounting to so’mething like $150. These judgments were due, payable and undisputed. The payment of the $50 was one which Finnel had the right to receive, and which it was the duty of Brew to make. A reference to authority to prove that an action cannot be maintained for money so paid, would seem to be superfluous. Even where the payment *365has been on an unfounded demand, or in ignorance of the law and legal circumstances of the case,…
2Cases cited2 opinions
- Colwell v. PedenSupreme Court of Pennsylvania · 1834
- Longenecker v. ZeiglerSupreme Court of Pennsylvania · 1832
3Cited by3 opinions
- Commonwealth v. City of PhiladelphiaCommonwealth Court of Pennsylvania · 1972
- Bobst v. GringSuperior Court of Pennsylvania · 1907
- McClure v. Greene County, Pennsylvania Court of Common Pleas, Greene County1928