Cunningham v. Day
Supreme Court of Pennsylvania
In Error. ERROR to the Common Pleas of Westmoreland county. Day, the plaintiff below, brought an action on the case; and filed a count in indebitatus assumpsit, for money had and received. On the trial it appeared, that in December, 1810, the plaintiff gave the defendant a mare and twenty-five dollars in exchange for a horse. The defendant sold the mare for a tract of unseated land and twenty-five dollars.
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In Error. ERROR to the Common Pleas of Westmoreland county. Day, the plaintiff below, brought an action on the case; and filed a count in indebitatus assumpsit, for money had and received. On the trial it appeared, that in December, 1810, the plaintiff gave the defendant a mare and twenty-five dollars in exchange for a horse. The defendant sold the mare for a tract of unseated land and twenty-five dollars. It after-wards turned out that the horse had originally belonged to a person in Philadelphia, from whom he had been stolen in May, 1810: and after passing through different hands was…
1Opinion of the Court
Tilghman C. J.
On the trial of this cause- in the Court of Common Pleas, after the jury were sworn and evidence had been given, the plaintiff was permitted to amend his declaration, to which the counsel for the defendant took an exception. Two objections have been made to the court’s opinion. It is said, 1. that it is too late to ask for an amendment after the jury are sworn and evidence given; and 2. that if not too late, an amendment can only be allowed of matter of form, but here the amendment was of substance. There is nothing in the first objection. The act of assembly (21st March, 1806,…
2Cases cited1 opinion
- Ebersoll v. KrugSupreme Court of Pennsylvania · 1812
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