Poke v. Kelly
Supreme Court of Pennsylvania
Debt in the Court of Common Pleas of Northumberland county, brought by the defendant in error, the plaintiff below, David Kelly, assignee of John Case, against the plaintiffs in error, Thomas Poke and Christopher Andrews.
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Debt in the Court of Common Pleas of Northumberland county, brought by the defendant in error, the plaintiff below, David Kelly, assignee of John Case, against the plaintiffs in error, Thomas Poke and Christopher Andrews. The suit was to April term, 1818, on a bond dated the 29th of December, 1S15, for four hundred dollars, conditioned for the payment of,two hundred dollars on the 1st of April, 1818, with interest from the 1st of April, 1817. The case was arbitrated, and on the 13th of June, 1818, an award was made in favour of the plaintiff for the sum of two hundred and fourteen dollars*…
1Opinion of the Court
The opinion of the court was delivered by
Duncan, J.
The arbitrators reported in favour of the plaintiff, two hundred and fourteen dollars, fifty cents. The defendants appealed, and there was a verdict for him only of forty-six dollars and sixiy-two cents, and judgment was entered for full costs. The error assigned in the second specification, that the plaintiff recovered less than one hundred dollars, and so is not entitled to any costs, is obviated, — because there was an affidavit, filed previous to the commencement of the action, of the plaintiff’s belief, that it exceeded that amount. The…
2Cases cited1 opinion
- Landis v. ShaefferSupreme Court of Pennsylvania · 1818
3Cited by4 opinions
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