Fox v. Mensch
Supreme Court of Pennsylvania
ADAM MENSCH against Henry Fox. This was an action of debt on bond given for the purchase money of a tract of land sold and conveyed to the defendant by the plaintiff as the administrator of Henry Leisir, deceased, by an order of the Orphans’ Court.
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ADAM MENSCH against Henry Fox. This was an action of debt on bond given for the purchase money of a tract of land sold and conveyed to the defendant by the plaintiff as the administrator of Henry Leisir, deceased, by an order of the Orphans’ Court. The defendant pleaded non est factum and payment with leave to give the special matter in evidence; and having been required to give notice of the special matter, furnished the following:— “ Under the pleadings in this case, the defendant will offer evidence on the trial that the plaintiff, as administrator, offered for sale, and sold the tract of…
1Opinion of the Court
The opinion of the Court was delivered by
Sergeant, J.
This case comes before us on bills of exception to evidence.
The first, second, and third bills raise the question, whether the defendant was entitled to go into evidence that the bond was given on Sunday, and was therefore void. A defence of this kind is one which, without previous notice, the plaintiff would be so little likely to anticipate or provide for, that he was entitled to the full *446benefit of every legal objection to the admission of it. It is clear that the defendant could not go into it under his plea of payment with leave to…
2Cases cited2 opinions
- Kepner v. KeeferSupreme Court of Pennsylvania · 1837
- Bashore v. WhislerSupreme Court of Pennsylvania · 1835
3Cited by12 opinions
- Barron v. MullinSupreme Court of Minnesota · 1875
- Tucker v. WestSupreme Court of Arkansas · 1874
- Halleck v. GuyCalifornia Supreme Court · 1858
- City of Evansville v. MorrisIndiana Supreme Court · 1882
- O'Rourke v. O'RourkeMichigan Supreme Court · 1880
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