Colwell v. Peden
Supreme Court of Pennsylvania
ERROR to the common pleas of Mleghany county. The defendant in error was the plaintiff below, and brought against Margaret Colwell an action of assumpsit for money had and received under the following circumstances. Colwell leased to Peden a house for one year from the 1st of April 1833, at the same time contracting to make certain repairs before that day.
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ERROR to the common pleas of Mleghany county. The defendant in error was the plaintiff below, and brought against Margaret Colwell an action of assumpsit for money had and received under the following circumstances. Colwell leased to Peden a house for one year from the 1st of April 1833, at the same time contracting to make certain repairs before that day. Peden was to pay 100 dollars per annum, of which 25 dollars, the last quarter’s rent, was to be paid by him in advance on his taking possession, as a continuous security, and the balance monthly. Peden entered and continued in possession,…
1Opinion of the Court
*328The opinion of the Court was delivered by
Gibson, C. J.
Lindon v. Hooper, Cowp. 414, which was ruled by a judge not remarkable at any time for adherence to forms of action, and expressly against the bent of his inclination in the particular instance, is similar in all respects to the case at bar, except that the distress there was for damage feasant. But the principle has since been followed out in Webber v. Aldrich, 2 N. H. Rep. 461, and Knibbs v. Hall, 1 Esp. R. 84, where money paid under an impending distress for rent was not suffered to be recovered back. There are doubtless other decisions…
2Cases cited2 opinions
- Mather v. Ministers of Trinity ChurchSupreme Court of Pennsylvania · 1817
- Webber v. AldrichSuperior Court of New Hampshire · 1822
3Cited by15 opinions
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- Mayor of Baltimore v. LeffermanCourt of Appeals of Maryland · 1846
- Mobile & Montgomery Railway Co. v. Steiner, McGehee &. Co.Supreme Court of Alabama · 1878
- Claflin v. McDonoughSupreme Court of Missouri · 1863
- Union Insurance v. City of AlleghenySupreme Court of Pennsylvania · 1882
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