Bush v. Stowell
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of Tioga county: Of January Term 1871, No. 882. This was an action of assumpsit, brought May 22d 1865, by Alvah 0. Bush against Hezekiah Stowell, D. A. Stowell, Thomas P. Stowell and Hezekiah Stowell, Jr. The cause of action was the following note:— “$1556.95. For value received, we jointly and severally promise to pay A. C. Bush, or order, fifteen hundred and fifty-six dollars and ninety-five cents and interest, (viz.), one-fourth part of…
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Error to the Court of Common Pleas of Tioga county: Of January Term 1871, No. 882. This was an action of assumpsit, brought May 22d 1865, by Alvah 0. Bush against Hezekiah Stowell, D. A. Stowell, Thomas P. Stowell and Hezekiah Stowell, Jr. The cause of action was the following note:— “$1556.95. For value received, we jointly and severally promise to pay A. C. Bush, or order, fifteen hundred and fifty-six dollars and ninety-five cents and interest, (viz.), one-fourth part of the principal and the interest on the whole sum, on the first of June next, and the balance in three equal yearly…
1Opinion of the Court
The opinion of the court was delivered, by
Sharswood, J.
Lord Coke announced the distinction between actions of debt and of covenant or assumpsit upon an agreement to pay a sum of money by instalments, which has been recognised and followed since: “If a man be bound in a bond or by contract to another to pay a hundred pounds at five several days, he shall not have an action of debt before the last day be passed.” “ But *212if a man be bound in a recognisance to pay a hundred pounds at five several days, presently after th,e first day of payment he shall have execution upon recognisance for that…
2Cases cited3 opinions
- Tucker v. RandallMassachusetts Supreme Judicial Court · 1807
- Houser v. IrvineSupreme Court of Pennsylvania · 1842
- Burnham v. BrownSupreme Judicial Court of Maine · 1844
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- Pennsylvania Turnpike Commission v. Atlantic Richfield Co.Commonwealth Court of Pennsylvania · 1977
- ætna Life Ins. Co. v. MoyerCourt of Appeals for the Third Circuit · 1940
- Bryant v. BryantSupreme Court of Pennsylvania · 1928
- Ritter v. Theodore Pendergrass Teddy Bear Productions, Inc.Supreme Court of Pennsylvania · 1986
- Boynton v. SalingerSupreme Court of Iowa · 1910
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