Legal Opinion

Post v. Carmalt

Supreme Court of Pennsylvania

Decided July 15, 1841PublishedCited by 3 opinions

ERROR to the Common Pleas of Susquehanna county. Caleb Carmalt, assignee of Robert H. Rose, against Simeon Cook, with notice to Isaac Post, terre tenant.

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ERROR to the Common Pleas of Susquehanna county. Caleb Carmalt, assignee of Robert H. Rose, against Simeon Cook, with notice to Isaac Post, terre tenant. This was a scire facias upon a mortgage, and the same case which is reported in 8 Watts 406. The defendant pleaded payment with leave to give the special matter in evidence, and in pursuance of the rules of court, gave the following notice of his defence: “ The terre tenant, Isaac Post, under his plea will give in evidence : “Payments to Robert H. Rose, per his receipts, “2d January '1816,.......- $30 00 “ 15th December 1815,........ 70 00 “…

1Opinion of the Court

The opinion of the Court was delivered by

Sergeant, J.

This case is not, in the point now discussed, placed in a situation materially different from that which it presented on the former writ of error. It is urged that the present evidence of Dr Rose goes positively to show an agreement between him and Post, that the claims of Post should be applied in discharge of the mortgage, which the court below ought to have left to the jury; whereas, they charged that there was no evidence that could, in point of law, alter the character of these claims, and bar the operation of the Statute of…

2Cases cited2 opinions

  1. Himes v. BarnitzSupreme Court of Pennsylvania · 1839
  2. Carmalt v. PostSupreme Court of Pennsylvania · 1839

3Cited by3 opinions

  1. Sprinkle v. . SprinkleSupreme Court of North Carolina · 1912
  2. Mutual Trust Co. v. ParrishSupreme Court of Pennsylvania · 1923
  3. Shafer v. Harris Et Ux.Superior Court of Pennsylvania · 1929

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