Stout v. Rassel
Supreme Court of Pennsylvania
Special action on the case. The plaintiff declared that whereas George Savin (alias Green) was indebted to him inlOOi. the defendant, in consideration that the plaintiff promised to accept him as his debtor in the room of the said George, on the 2d July 1790, promised to pay him the said 100/. within six weeks from that time or sooner.: nevertheless, &c. Plea non assumpsit.
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Special action on the case. The plaintiff declared that whereas George Savin (alias Green) was indebted to him inlOOi. the defendant, in consideration that the plaintiff promised to accept him as his debtor in the room of the said George, on the 2d July 1790, promised to pay him the said 100/. within six weeks from that time or sooner.: nevertheless, &c. Plea non assumpsit. The evidence on the trial, turned out as follows : Savin was an artful swindler, and gulled a number of ignorant persons who delivey to'him, divers sums of gold and silver, under a pretence that he would double the amount…
1Opinion of the Court
By the court.
The day alleged in the declaration being variant from the day on which the promise was made, is no ground for ordering a non-suit. This appears very fully from the cases cited by the plaintiff’s counsel. If the jury should find a special^ verdict in the terms of the declaration, (1 Stra. 22, and the cases were cited,) but with the alteration of the day, there could be no difficulty as to the court’s rendering judgment thereon for the plaintiff. And even in criminal cases, it is a settled rule, that the day laid in the indictment is not material upon evidence. 2 Hawk. 434, cap.…
2Cited by25 opinions
- Butler v. Flo-Ron Vending Co.Supreme Court of Pennsylvania · 1989
- Evans v. Metropolitan Life Ins. Co.Supreme Court of Pennsylvania · 1928
- Commonwealth v. VaranoSupreme Court of Pennsylvania · 1917
- Commonwealth v. JacksonSupreme Court of Pennsylvania · 1977
- Marshall v. CarrSupreme Court of Pennsylvania · 1921
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