Leonard v. Leonard
Supreme Court of Pennsylvania
ERROR to the Common Pleas of Juniata county. Elijah Leonard against Andrew Parker, executor of Andrew Leonard, deceased.
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ERROR to the Common Pleas of Juniata county. Elijah Leonard against Andrew Parker, executor of Andrew Leonard, deceased. The plaintiff and defendant’s testator had been partners, and on the 28th of March 1831 entered into the following agreement of settlement: “Agreement, as follows:—Andrew and Elijah Leonard hath this (day) by agreement, concluded to settle ali their accounts of every description from the beginning up to this time, and the agreement is that Andrew pay to Elijah, on the 1st day of April 1832, two hundred dollars, and two hundred and fifty dollars on the 1st day of April 1833,…
1Opinion of the Court
The opinion of the Court was delivered by
Sergeant, J.
The settlement of accounts between these parties on the 28th of March 1831, would undoubtedly be a bar to the present action of account render, were it not that the defendant himself procured that agreement to be set aside on the ground of fraud in the plaintiff at the making of it. That fraud had the effect of preventing the plaintiff from recovering on the agreement: but it was the defendant who alleged it; and the necessary consequence of the defendant’s thus rescinding that agreement, was to restore the parties to their original…
2Cited by3 opinions
- State v. CampbellSupreme Court of Kansas · 1906
- Follansbee v. WalkerSupreme Court of Pennsylvania · 1873
- Follansbee v. Walker, Pennsylvania Court of Common Pleas, Erie County1873