Frantz ex rel. Garberich v. Brown
Supreme Court of Pennsylvania
Appeal, -by the defendant, from the Circuit Court of Lebanon county. An action of debt on bond was brought' by Jacob Frantz for theuse of John Garberich, against Philip Brown.
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Appeal, -by the defendant, from the Circuit Court of Lebanon county. An action of debt on bond was brought' by Jacob Frantz for theuse of John Garberich, against Philip Brown. The plaintiff gave in evidence the bond of Philip Brown to Jacob Frantz, for eight hundred dollars, upon which suit was brought, dated tbe 29 th March,. 1819, payable on the first of May, 1823, with the equitable assignment thereon, to John Garberich, dated fifteenth April, 1820. The defendant then read a notice of the special matter, upon which he intended to rely as a defence, which was in substance this.- That on the…
1Opinion of the Court
The opinion of the court was delivered by
Gibson, C. J.
Evidence of the agreement between Frantz and Brown,' at the time of executing their bonds to Brechthill, was excluded against the bent of the judge’s inclination, on the authority of Davis v. Barr, 9 Serg. & Rawle, 137, by which he thought his judgment was controlled. It is there stated, that as regards transactions between the original parties, the assignee is to be affected only by defalcation or want of consideration: a construction which is found to be too narrow for the spirit of the act on which the question turns. ^ In that case the…
2Cases cited2 opinions
- Childerston v. HammonSupreme Court of Pennsylvania · 1822
- Davis v. BarrSupreme Court of Pennsylvania · 1822
3Cited by1 opinion
- Wanner v. Louis Wanner, Jr., Inc.District Court, E.D. Pennsylvania · 1924