Haggerty v. Fagan
Supreme Court of Pennsylvania
Writ of error to the Common Pleas of Centre county. This was an action of debt upon three single bills, due 1st August, 1820-’l and ’2, brought by Harman Fagan, for theuse of George Wilson against Joseph Haggerty.
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Writ of error to the Common Pleas of Centre county. This was an action of debt upon three single bills, due 1st August, 1820-’l and ’2, brought by Harman Fagan, for theuse of George Wilson against Joseph Haggerty. The defendant to support his plea of payment, with leave, &c.,gave in evidence, articles of agreement between him and Fagan, dated the 13th December, 1811, by which Fagan agreed to sell to Haggerty “the plantation on which he lives, containing one hundred and seventy-one acres, twenty-eight perches, for the consideration of $24 50 per acre.” A short time before this contract was…
1Opinion of the Court
The opinion of the court was delivered by
KenNedv, J.
—The first and second errors assigned are substan-hally the same, and relate to that part of the Judge’s charge in the *535eoui’t below, in which he told the jury, that the law was against the defendant, that is, the plaintiff in error; inasmuch as he had closed the articles of agreement, by accepting a deed of conveyance, and giving his bonds and mortgage for the payment of the balance of the purchase money. The rule laid down by the Judge, appears to be pretty well established, not only by the case of M’Dowell v. Cooper, in 14 Serg. & Rawle,…
2Cases cited3 opinions
- Smith v. EvansSupreme Court of Pennsylvania · 1813
- M'Dowell v. CooperSupreme Court of Pennsylvania · 1826
- M'Lelland v. CreswellSupreme Court of Pennsylvania · 1825