Legal Opinion

Stone v. Miller

Supreme Court of Pennsylvania

Decided June 30, 1851PublishedCited by 2 opinions

Error to the Common Pleas of Clinton county. These were two a.ctions of debt by Miller, Bowman & Co. vs. Lewis Stone, on contracts of guaranty under seal. The bankruptcy of Stone was pleaded. The facts were stated in a special verdict as follows:— Miller, Bowman & Co. 'j vs. > Lewis Stone. J Two cases — No. 34, September term 1848; No. 28, December term 1848. Action of debt. — Pleas, bankruptcy.

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Error to the Common Pleas of Clinton county. These were two a.ctions of debt by Miller, Bowman & Co. vs. Lewis Stone, on contracts of guaranty under seal. The bankruptcy of Stone was pleaded. The facts were stated in a special verdict as follows:— Miller, Bowman & Co. 'j vs. > Lewis Stone. J Two cases — No. 34, September term 1848; No. 28, December term 1848. Action of debt. — Pleas, bankruptcy. The jurors empannelled and sworn in the above-stated cases, having heard the proofs of the parties, do- say they find the following facts:— On the 16th of November 1841, H. T. Beardsley, Esq., of Lock…

1Opinion of the Court

The opinion of the court was delivered June 30, by

Chambers, J.

Lewis Stone, on the 16th November 1841, assigned to Miller, Bowman & Co.,- to whom he was indebted by book-account the sum of $564.67, a promissory note of Emanuel Rubens, dated January 1, 1841, at four months, for $581.28, on which $281.28 had been paid and credited, and also a book:account which Stone held against Levi Bumgardner for $289.55. The assignment of Stone on the back of the note is under seal, and contains the following covenant: “ And in case the same cannot be recovered of the within-named Emanuel Rubens, then I do…

2Cases cited1 opinion

  1. Gilchrist v. M'KeeSupreme Court of Pennsylvania · 1835

3Cited by2 opinions

  1. Tioga No. 2 Building Ass'n v. North Philadelphia Trust Co.Superior Court of Pennsylvania · 1936
  2. Berger v. BergerSuperior Court of Pennsylvania · 1910

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