Kramer v. Stock
Supreme Court of Pennsylvania
ERROR to the common pleas of Northumberland'county. Frederick Kramer against Martin A. Stock. This was an action on the case, in which the plaintiff thus laid his cause of action: — Martin A. Stock, late of said county, yeoman, was attached to answer Frederick Kramer, of a plea of trespass on the case.
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ERROR to the common pleas of Northumberland'county. Frederick Kramer against Martin A. Stock. This was an action on the case, in which the plaintiff thus laid his cause of action: — Martin A. Stock, late of said county, yeoman, was attached to answer Frederick Kramer, of a plea of trespass on the case. And whereupon the said Frederick, by James Merrill, his attorney, complains, for that, whereas on the 4th day of April 1835, the said Frederick made and delivered his certain single bill, or writing, obligatory, whereby he promised to pay, four months after date, to James Murray, or order,…
1Opinion of the Court
The opinion of the court was delivered by
Sergeant, J.
There does not seem to be laid in this declaration a sufficient ground for the maintenance of an action. The refusal of the money by the defendant, when tendered by the plaintiff, was an act which he might or might not do at his peril, there being no law to oblige him to take it, further than that he would lose the interest and costs of suit, if the plaintiff properly availed himself of his defence in the aetion to be brought against him before the magistrate. For by the act of 1705, sect. 2, in all cases where a tender is made, and the…
2Cases cited1 opinion
- Case of the Estate of ShaefferSupreme Court of Pennsylvania · 1823
3Cited by18 opinions
- Mayer v. WalterSupreme Court of Pennsylvania · 1870
- McGee v. FeegeSupreme Court of Pennsylvania · 1987
- Publix Drug Co. v. Breyer Ice Cream Co.Supreme Court of Pennsylvania · 1943
- Smith v. Michigan Buggy Co.Illinois Supreme Court · 1898
- Wetmore v. MellingerSupreme Court of Iowa · 1884
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