Hubler v. Tamney
Supreme Court of Pennsylvania
ERROR to the common pleas of Centre county. Henry F. Tamney against Henry Hubler and George Hubler. In this action, on a single bill dated the 16th of March 1825, the defendants offered to prove, under the pleas of payment with leave, and set-off, that the plaintiff took the books of the fulling mill in 1825, and had kept possession, and received and held the money on them to a large amount; and offered one half of the accounts and money as a set-off in this action under the…
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ERROR to the common pleas of Centre county. Henry F. Tamney against Henry Hubler and George Hubler. In this action, on a single bill dated the 16th of March 1825, the defendants offered to prove, under the pleas of payment with leave, and set-off, that the plaintiff took the books of the fulling mill in 1825, and had kept possession, and received and held the money on them to a large amount; and offered one half of the accounts and money as a set-off in this action under the lease between the defendants and the plaintiff; and that plaintiff refused to give the books or accounts to the…
1Opinion of the Court
The opinion of the Court was delivered by
Sergeant, J.
The objection is, that the plaintiff’s refusal to give the defendant the books or accounts, or to permit hiin to collect one half the money or accounts, and withholding the evidence from the defendant, is a tort, sounding in unliquidated damages, and therefore not the subject of set-off, but must be sued for in a separate action on the covenant in the lease. It has been repeatedly held, that under our defalcation act, the defendant, under, the plea of payment with leave or set-off, may give such a demand as this in evidence, where his cause…
2Cases cited3 opinions
- Steigleman v. JeffriesSupreme Court of Pennsylvania · 1815
- Harper v. KeanSupreme Court of Pennsylvania · 1824
- Shaw v. BadgerSupreme Court of Pennsylvania · 1825
3Cited by4 opinions
- Dushane v. BenedictSupreme Court of the United States · 1887
- Johnson v. Hoosier Drill Co.Supreme Court of Pennsylvania · 1882
- McQuaide v. StewartSupreme Court of Pennsylvania · 1865
- Domestic Sewing Machine Co. v. SaylorSupreme Court of Pennsylvania · 1878