Witherup v. Hill
Supreme Court of Pennsylvania
- IN ERROR. The defendant in error brought an action in the Court of Common’ Pleas of Venango county, against the plaintiff in error, in which he declared for money had and received, &c. The defendant pleaded non assumpsit and payment, and non assumpsit infra sex annos ; to which the plaintiff replied that he did assume within six years ; whereupon issue was joined..
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- IN ERROR. The defendant in error brought an action in the Court of Common’ Pleas of Venango county, against the plaintiff in error, in which he declared for money had and received, &c. The defendant pleaded non assumpsit and payment, and non assumpsit infra sex annos ; to which the plaintiff replied that he did assume within six years ; whereupon issue was joined.. The plaintiff offered in evidence on the trial two receipts signed by the defendant, for certain goods deposited by the plaintiff in the defendant’s store, one dated- .Tune 12, 1806, the other July 7th, 1806.- The defendant…
1Per curiam
This was an actioafor money had and received, &e. pleas, non assumpsit, payment, and statute of limitations, and issues. The plaintiff offered in evidence two receipts signed by the defendant for goods deposited in his. store by the plaintiff. This evidence was objected to by the. defendant, but admitted by the court. It is our opinion that the evidence was properly admitted. It was the first link in the plaintiff’s chain of evidence; having proved the. deposit of the goods, he might have have gone on to prove that they had been sold by the defendant, and the money received by him, which…
2Cited by3 opinions
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