Wiley v. Moor
Supreme Court of Pennsylvania
IN ERROR. Writ of error'to the Court of Common Pleas of Beaver county, where judgment was rendered in; favour of the defendants below, who were defendants in error. ' The plaintiffs Wiley and Earl, brought this action bofore a justice of the peace, of debt on bond against Moor and Thompson, and it carrie by appeal into the Court of Common Pleas.
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IN ERROR. Writ of error'to the Court of Common Pleas of Beaver county, where judgment was rendered in; favour of the defendants below, who were defendants in error. ' The plaintiffs Wiley and Earl, brought this action bofore a justice of the peace, of debt on bond against Moor and Thompson, and it carrie by appeal into the Court of Common Pleas. The suit was on an obligation in.the sum of one hundred dollars, executed by Moor and Thompson to the plaintiffs, conditioned for Moor’s appearance to take the benefit of the insolvent laws, to which the defendants pleaded non est factum, and payment.…
1Opinion of the Court
The opinion of 'the court was delivered.by
Rogers, J.
The ancient principle, Shep. Touchs. 54. Perk. Sect. 118, and Co. Lit. 171, “that if a man seal and deliver an empty-piece of paper, or parchment, albeit, be do'therein withal give commandment, that an obligation, or other matter shall be written.in it, and this be done accordingly, yet. this, is no good deed,” has •been overruled in the more modern eases:. The point came before the Court of King’s Bench, in Texira v. Evans, cited and relied on in Master v. Miller, & 1 Anstruth, 229. The ease occurred before Lord Mansfield, and was this: ’…
2Cases cited1 opinion
- Sigfried v. LevanSupreme Court of Pennsylvania · 1820
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