Coxe v. Tilghman
Supreme Court of Pennsylvania
This was an action of covenant brought in this Court by Charles S. Coxe, Francis S. Coxe, and Henry, S. Coxe, executors of the last will, &c., of Tench Coxe deceased, against Benjamin Tilghman and Elizabeth Tilghman, executors of the last will, &c., of Edward Tilghman deceased, upon an agreement under seal dated the 25th day of July, 1806, between Tench Coxe and Edward Tilghman, by which the latter covenanted to purchase certain lands of the former.
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This was an action of covenant brought in this Court by Charles S. Coxe, Francis S. Coxe, and Henry, S. Coxe, executors of the last will, &c., of Tench Coxe deceased, against Benjamin Tilghman and Elizabeth Tilghman, executors of the last will, &c., of Edward Tilghman deceased, upon an agreement under seal dated the 25th day of July, 1806, between Tench Coxe and Edward Tilghman, by which the latter covenanted to purchase certain lands of the former. The declaration contained four counts. 1. The first count sent forth that it was covenanted and agreed between the said Tench Coxe and Edward…
1Opinion of the Court
The opinion of the Court was delivered hy
Sergeant, J.
It was settled soon after the passing of the Act of the 21st March, 1806, that the plaintiff is entitled to amend his declaration or add a new count at any time before or during the trial of the cause, provided he do not introduce a new cause of action. But what amendment does introduce a new cause of action, has given rise to frequent controversies; and in many instances the amendment has been refused as not coming within the limit prescribed. An examination of the decided cases will show that in actions ex contractu, so long as the…
2Cases cited10 opinions
- Shock v. M'ChesneySupreme Court of Pennsylvania · 1808
- Cassell v. CookeSupreme Court of Pennsylvania · 1822
- Newlin v. PalmerSupreme Court of Pennsylvania · 1824
- Cunningham v. DaySupreme Court of Pennsylvania · 1815
- Gratz v. PhillipsSupreme Court of Pennsylvania · 1809
5 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Meason v. KaineSupreme Court of Pennsylvania · 1871
- Shock v. M'ChesneySupreme Court of Pennsylvania · 1808
- Knapp v. HartungSupreme Court of Pennsylvania · 1873
- Susquehanna Mutual Fire Insurance v. ClingerSuperior Court of Pennsylvania · 1899
- Caldwell v. RemingtonSupreme Court of Pennsylvania · 1837
4 more not listed; retrieve them via the Exa API.