Young v. Shook
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of Northampton county, in an action of debt brought by John Young, the plaintiff in error, against John Shook, the defendant in error, surviving obligor in a bill obligatory, executed by himself and John Kemmerer, on the 12th of June, 1811, by which they bound themselves to pay to Young, two hundred and thirty-two pounds and thirteen shillings, on the twelfth day of June next following the date of the instrument.
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Error to the Court of Common Pleas of Northampton county, in an action of debt brought by John Young, the plaintiff in error, against John Shook, the defendant in error, surviving obligor in a bill obligatory, executed by himself and John Kemmerer, on the 12th of June, 1811, by which they bound themselves to pay to Young, two hundred and thirty-two pounds and thirteen shillings, on the twelfth day of June next following the date of the instrument. Kemmerer died before suit was brought. The defendant pleaded payment with leave, &c. and afterwards added the following special plea: “ And the…
1Opinion of the Court
The opinion of the court was delivered by
Kennedy, J.
The only question about which there is any diffi*302culty in this case is, whether the submission and award pleaded by the defendant, are shown thereby to have embraced the bond upon which the plaintiff has brought this action.
A number of reasons have been set forth by the plaintiff as causes for his demurrer to the plea, but there is nothing in any of them. The most of them consist of matters of fact de-hors the record, upon which we can predicate nothing, as they are entirely foreign to and out of the case. Such as, that the submission was of…
2Cases cited4 opinions
- Strang v. FergusonNew York Supreme Court · 1817
- Solomons v. M'KinstryCourt for the Trial of Impeachments and Correction of Errors · 1815
- Macomb & Bouck v. WilberNew York Supreme Court · 1819
- Jackson v. HuntNew York Supreme Court · 1810
3Cited by2 opinions
- Kemmerer v. YoungSupreme Court of Pennsylvania · 1835
- Massey v. HackettSupreme Court of Louisiana · 1857