Carnes ex rel. Olden v. Field
Supreme Court of Pennsylvania
This action was tried at the last sittings for Philadelphia county, before Smith and Breekenridge, Justices, when a verdict was obtained by the plaintiff. A motion was now made for a rule to show cause why a new trial should not he granted.
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This action was tried at the last sittings for Philadelphia county, before Smith and Breekenridge, Justices, when a verdict was obtained by the plaintiff. A motion was now made for a rule to show cause why a new trial should not he granted. The facts appeared as follows: The parties contracted together for a large quantity of Georgia lands; and Carnes, by two deeds, dated 18th'December, 1794, conveyed to the defendants fifteen tracts of land in Franklin county, in the state of Georgia, by certain meets and bounds, containing in the whole 20,498 acres, in consideration of 25624. For this sum…
1Opinion of the Court
Yeates J.
In a late cause, at Beading, (Ludwig assignee v. Croll,) my brother Smith and myself adopted a distinction, between a promise to pay a bond obtained without good consideration made to an assignee after the assignment, and such a promise made previous to the assignment, and in confidence whereof in the latter case, the party took the same. The assignee in the first instance, was held subject to the same equity as the assignor. What more prudential step can a person who meditates the obtaining of an assignment take, (1 Wms. 497, 2 Equ. Ca. Ab. 87,) than by calling on the party who had…
2Cited by5 opinions
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