Yohe v. Robertson
Supreme Court of Pennsylvania
Error to the District Court for the City and County of Philadelphia, to remove the record of an action on the case brought bv Archibald Robertson and George P. Little, against George Yohe. The plaintiffs declared in assumpsit.on a promissory note drawn by the defendant in favour of the plaintiffs, for $276, dated Philadelphia, February 14th, 1836, and payable on demand. The defendant pleaded non assumpsit, and payment with leave, &c.
Read the full summary
Error to the District Court for the City and County of Philadelphia, to remove the record of an action on the case brought bv Archibald Robertson and George P. Little, against George Yohe. The plaintiffs declared in assumpsit.on a promissory note drawn by the defendant in favour of the plaintiffs, for $276, dated Philadelphia, February 14th, 1836, and payable on demand. The defendant pleaded non assumpsit, and payment with leave, &c. On the trial before Stroud, J. on the 18th day of February, 1836, the plaintiffs proved the hand-writing of the defendant, and gave the ' note in evidence. The…
1Opinion of the Court
The opinion of the court was delivered by
Kenwedy, J.
The Court below, upon the trial of this cause, after the evidence had been closed on both sides, and after the arguments of the counsel had been delivered to it and the jury, permitted the plaintiffs below, to amend their declaration or statement, by filing three new counts in indebitatus assumpsit; one for goods sold and .delivered, and the other two, for money lent, &c.; which was *159objected to by the defendant’s counsel, and this is assigned as the first error.
If the filing of the additional counts went only to remove an objection of…
2Cases cited1 opinion
- Cassell v. CookeSupreme Court of Pennsylvania · 1822
3Cited by5 opinions
- Wilhelm's AppealSupreme Court of Pennsylvania · 1875
- Knapp v. HartungSupreme Court of Pennsylvania · 1873
- Puntureri v. Pittsburgh School DistrictSupreme Court of Pennsylvania · 1948
- Schoneman v. FegleySupreme Court of Pennsylvania · 1848
- Bogart v. M'DonaldNew York Supreme Court · 1801