Legal Opinion

Wolfersberger v. Bucher

Supreme Court of Pennsylvania

Decided May 26, 1823PublishedCited by 5 opinions

Writ of error to the Court of Common Pleas of Dauphin county, in an action of debt in the court below, brought by Jacob Bucher, administrator of Jacob Boas, deceased, against Frederick Wolfersberger, and Frederick Beissel, on a note under seal, dated the 27th November, 1815, given by the defendants to the plaintiff, as administrator, for the payment of 204 dollars, and 27á cents. Plea payment, with leave to add, alter, and amend, and to give the special matters in evidence.

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Writ of error to the Court of Common Pleas of Dauphin county, in an action of debt in the court below, brought by Jacob Bucher, administrator of Jacob Boas, deceased, against Frederick Wolfersberger, and Frederick Beissel, on a note under seal, dated the 27th November, 1815, given by the defendants to the plaintiff, as administrator, for the payment of 204 dollars, and 27á cents. Plea payment, with leave to add, alter, and amend, and to give the special matters in evidence. It appeared on the trial, that this note was given for the price of goods that had been the property of Boas, which came…

1Opinion of the Court

The opinion of the court was delivered by

Gibson, J.

The plaintiff below is the administrator of Jacob Boas, and brought this suit on a note given by the defendants for the price of certain goods purchased at the sale of the intestates effects: the debt offered to be set off, was due by the intestate in his life time. On the ground of the assets being insufficient to satisfy the specialty creditors, the court disallowed the set off altogether, and the defendants contend, they should have been permitted to defalk to the value of what they could have shown themselves entitled to recover from the…

2Cases cited2 opinions

  1. Dorsheimer v. BucherSupreme Court of Pennsylvania · 1821
  2. Farmers' & Mechanics' Bank v. GreinerSupreme Court of Pennsylvania · 1815

3Cited by5 opinions

  1. Corporation for the Relief of Poor Distressed Presbyterian v. WallaceSupreme Court of Pennsylvania · 1831
  2. Crist v. BrindleSupreme Court of Pennsylvania · 1828
  3. Stuart v. CommonwealthSupreme Court of Pennsylvania · 1839
  4. Beale v. CoonSupreme Court of Pennsylvania · 1834
  5. Rahm v. Philadelphia BankSupreme Court of Pennsylvania · 1829

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