Calvin v. M'Clure
Supreme Court of Pennsylvania
IN ERROR. Writ of error to Columbia county. The plaintiff declared in assumpsit for money had and received, and the defendant pleaded non assumpsit and payment; whereupon -the jury found for the defendant, and certified under the act of assembly that the plaintiff was overpaid to the value of eight dollars; Notice of set-off had not been given: and the error assigned here was that the jury could not so certify hut on set-off pleaded, or defalcation givén in evL dence under…
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IN ERROR. Writ of error to Columbia county. The plaintiff declared in assumpsit for money had and received, and the defendant pleaded non assumpsit and payment; whereupon -the jury found for the defendant, and certified under the act of assembly that the plaintiff was overpaid to the value of eight dollars; Notice of set-off had not been given: and the error assigned here was that the jury could not so certify hut on set-off pleaded, or defalcation givén in evL dence under the plea of payment with notice. •
1Opinion of the Court
The opinion of the court was delivered by
Gibson, C. J.
Our act of assembly so. far differs from the English statute as not to require the set-off to be pleaded in any case, *386“If two or more dealing together, be indebted to each other, it shall be lawful for the defendant to plead payment,” (such is the language of'the act,) “ and-give any bond, bill, receipt, account, or bargain, in evidence,” and, “ if it shall appear to the jury that th'e plaintiff is overpaid,'then they shall give in their verdict for the defendant, and withal certify to the court how much they find the plaintiff to be…
2Cases cited2 opinions
- Anderson's Executors v. LongSupreme Court of Pennsylvania · 1823
- King v. DiehlSupreme Court of Pennsylvania · 1823