Jackson v. Clymer
Supreme Court of Pennsylvania
Error to tbe Common Pleas of Berks county. This was an action of covenant, brought November 5th 1859, by Daniel R. Clymer, for the use of William Strong in' trust for Elizabeth Norton, and for the use of Dr. Charles H. Hunter, in trust; against Thomas Jackson, Samuel Frees, John Kissinger, Thomas McCombs, Daniel Miller, Daniel Houston, Charles D. Geiger, Henry B. Boyer, Thomas Rambo, Peter D.. Getz, John Fehr, and Michael Nunemacher.
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Error to tbe Common Pleas of Berks county. This was an action of covenant, brought November 5th 1859, by Daniel R. Clymer, for the use of William Strong in' trust for Elizabeth Norton, and for the use of Dr. Charles H. Hunter, in trust; against Thomas Jackson, Samuel Frees, John Kissinger, Thomas McCombs, Daniel Miller, Daniel Houston, Charles D. Geiger, Henry B. Boyer, Thomas Rambo, Peter D.. Getz, John Fehr, and Michael Nunemacher. The plaintiff declared, on an agreement under seal made between him and the defendants, dated January 21st 1858,- by which the plaintiffs covenanted to sell and…
1Opinion of the Court
The opinion of the court was delivered, by
Lowrie, C. J.
It is very plain that the defendants have been sadly disappointed by the result of this transaction, and therefore we have been very earnest to find relief for them in the form of defence here presented; but we are unable to take any other view of the case than that taken by the learned President of the Common Pleas. Though there is a partial unity in the transaction, yet there is also a formal and substantial duplicity: one part relating to partnership debts, and the other to the private debts of one of the partners. The one compromise,…
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