Dunlap v. Miles
Supreme Court of Pennsylvania
Writ of error to the Circuit Court of Centre county. The action was brought on an insimul computasset, to which there was a plea of non assumpsit and payment, with leave to give the special matter in evidence. The trial was had at Beliefonte on the 16th May 1804, before Smith and Brackenridge, Justices, when a verdict was given for the plaintiff below, with 429I. ios. 9d. damages.
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Writ of error to the Circuit Court of Centre county. The action was brought on an insimul computasset, to which there was a plea of non assumpsit and payment, with leave to give the special matter in evidence. The trial was had at Beliefonte on the 16th May 1804, before Smith and Brackenridge, Justices, when a verdict was given for the plaintiff below, with 429I. ios. 9d. damages. On the trial a bill of exceptions was sealed, the substance of which was as follows: The defendant (below) offered under the plea of non assump-sit, to prove, that Evan Miles, Richard Miles, and John Dunlap, were…
1Opinion of the CourtTilghmaN, C. J.
Evan Miles brought an action against John Dunlap ; his declaration contains a single count on an insimula compiitasset. The defendant pleaded non'assumpsit and payment, with leave, &c. On the trial, the defendant, not having given legal notice of any such matter, offered to give the following matter in evidence, under the plea of non assumpsit. That Evan Miles, Richard Miles and John Dunlap had been partners, in carrying on the manufactory of bar iron. After the partnership had been carried on some time, it was agreed to dissolve it; and Dunlap agreed to purchase the interest of Richard Miles…
2Cited by1 opinion
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