Witmer v. Schlatter
Supreme Court of Pennsylvania
This cause having been tried at Nisi Prius, a verdict was rendered on the 13th of February, 1829, in favour of the plaintiffs, for ten thousand three hundred and twenty-four dollars and forty-two cents, subject to the opinion of the court upon the whole evidence.
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This cause having been tried at Nisi Prius, a verdict was rendered on the 13th of February, 1829, in favour of the plaintiffs, for ten thousand three hundred and twenty-four dollars and forty-two cents, subject to the opinion of the court upon the whole evidence. The facts, so far as they are material to the elucidation of the points decided, were these: On the 16th of Jlugust, 1817, William Schlatter, Condy Raguet, Benjamin Warner, John M. Price and Simon Gratz, who styled themselves the contracting committee of the Philadelphia and Pittsburg Transporting Company, authorised their agent,…
1Opinion of the Court
The opinion of the court was delivered by
Gibson, C. J.
— The nature of this particular pTea in abatement, is misapprehended in supposing, that to show the parties, the defendant must necessarily show the contráct; and that in a second action,- the record is evidénce, at least, against all who pleaded, not only of partnership, but of the whole ease. The extent of the defendants’ allegation is best determined by the nature of the mischief which the plea was devised to remedy. Previous to Rice v. Shute, 5 Burr. 2611, the omission of a joint contractor, was a ground of nonsuit. The defendant…
2Cases cited3 opinions
- Hess v. WertsSupreme Court of Pennsylvania · 1818
- Ehrenzeller v. Union Canal Co.Supreme Court of Pennsylvania · 1829
- Witmer v. SchlatterSupreme Court of Pennsylvania · 1827
3Cited by10 opinions
- Harris v. Plant & Co.Supreme Court of Alabama · 1858
- Lewis' Admr. v. Taylor Coal Co.Court of Appeals of Kentucky · 1902
- Doullut v. McManusSupreme Court of Louisiana · 1885
- Converse v. SymmesMassachusetts Supreme Judicial Court · 1813
- M'Clelland v. LindsaySupreme Court of Pennsylvania · 1841
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