Phelan v. Moss
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of Greene county: Of October and November Term 1870, No. 205. This was an action of assumpsit brought, December 11th 1868, by R. H. Phelan against Jennings J. Moss.
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Error to the Court of Common Pleas of Greene county: Of October and November Term 1870, No. 205. This was an action of assumpsit brought, December 11th 1868, by R. H. Phelan against Jennings J. Moss. On the trial, before Gilmore, P. J., the plaintiff having given evidence of the handwriting of the defendant, gave in evidence the following note, viz.:— “ Six months after date, I promise to pay to George W. Benton or bearer two hundred and fifty dollars, for value received, with use, without defalcation. Township of Aleppo, dated June 10th 1868. “Jennings J. Moss.” (15 cent stamps cancelled by…
1Opinion of the Court
The opinion of the court was delivered,
by Read, J.
The law of bills of exchange owes much of its scientific and liberal character to the wisdom of the great jurist of his age, Lord Mansfield, who was sometimes in advance of his contemporaries in attempting to introduce equitable principles in suits at common law. What was then disapproved would now be approved; and Lord Penzance in the House of Lords supported the proposition, that when law and equity conflicted, the equitable principle should prevail.
Sixteen years before the American Revolution, Lord Mansfield held, in Miller v. Race, 1…
2Cases cited10 opinions
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- Goodman v. SimondsSupreme Court of the United States · 1858
- Brush v. ScribnerSupreme Court of Connecticut · 1836
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- Beltzhoover v. BlackstockSupreme Court of Pennsylvania · 1834
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- Second National Bank v. MorganSupreme Court of Pennsylvania · 1895
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