Buck v. Wilson
Supreme Court of Pennsylvania
Error to tlie Court of Common Pleas of Blair county: Of January Term 1886, No. 348. Assumpsit by William M. Wilson and L. Hassell Lapp, trading as William M. Wilson & Co. against Dr. M. J. Buck, late doing business as W. J. Sbarbaugh. Plea non assumpsit. The defendant defended, upon the ground of a former recovery.
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Error to tlie Court of Common Pleas of Blair county: Of January Term 1886, No. 348. Assumpsit by William M. Wilson and L. Hassell Lapp, trading as William M. Wilson & Co. against Dr. M. J. Buck, late doing business as W. J. Sbarbaugh. Plea non assumpsit. The defendant defended, upon the ground of a former recovery. On the trial before Dean, P. J., the defendant presented, inter alia, the following points : “ That the record of the case of William M. Wilson & Co. v. M. J. Buck, No. 19, October Term, 1884, given in evidence by tlie defendant, is a bar to the plaintiff's recovery and the verdict…
1Opinion of the CourtJustice Clark
This action of assumpsit was brought by W. H. Wilson & Co. against Dr. M. J. Buck, on a book account, for goods sold and delivered. The defendant gave in evidence the record of a former action, upon which judgment had been rendered in *429favor of tbe plaintiff, and under tbe plea, of the general issue, defended upon the ground of a former recovery. See Finlay v. Handbest, 6 Casey, 190. The former suit was also an action of assumpsit, for goods sold and delivered, and an examination of the particular statement of the plaintiff’s claim, filed in the respective suits, shows that the items are in…
2Cases cited4 opinions
- Bendernagle v. CocksNew York Supreme Court · 1838
- Weakly v. Bell & SterlingSupreme Court of Pennsylvania · 1840
- Pinney v. BarnesSupreme Court of Connecticut · 1845
- Staples v. GoodrichNew York Supreme Court · 1856
3Cited by19 opinions
- Plummer v. WilsonSupreme Court of Pennsylvania · 1936
- Carlin v. FischerCourt of Appeals of Maryland · 1957
- Easton School District v. Continental Casualty Co.Supreme Court of Pennsylvania · 1931
- Williams-Abbott Electric Co. v. Model Electric Co.Supreme Court of Iowa · 1907
- E. Richard Meinig Co. v. CommissionerUnited States Tax Court · 1947
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