Follansbee v. Walker
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of Erie county: Of October and November Term 1873. This was an action brought May 18th 1871, by Joshua Follansbee and William Walker, trading as Walker & Follansbee, for the use of Joshua Follansbee, against John W. Walker and H. N. Armstrong, trading as Walker & Armstrong. The plaintiffs filed a narr. in assumpsit in the common counts, and also the following claim: — • October, 1866. Walker & Armstrong, Er.
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Error to the Court of Common Pleas of Erie county: Of October and November Term 1873. This was an action brought May 18th 1871, by Joshua Follansbee and William Walker, trading as Walker & Follansbee, for the use of Joshua Follansbee, against John W. Walker and H. N. Armstrong, trading as Walker & Armstrong. The plaintiffs filed a narr. in assumpsit in the common counts, and also the following claim: — • October, 1866. Walker & Armstrong, Er. To 564 tons coal at $8.25 . . $4484.17 Credit by cash, • . $1500.00 By price of one-half interest in coal-yard, fixtures, &c., 1598.73 $3098.73 $1685.44…
1Opinion of the Court
The opinion of the court was delivered, October 27th 1873, by
Sharswood, J. —
There was no error in the admission of the record of the former judgment. The parties in that suit and in the action tried below were substantially the same. In the former, Joshua Follansbee was the legal, in the latter, he is the equitable plaintiff. The- subject-matter of the two suits appeared by the record to be identical. -The presumption would be upon the issues, that the merits had been passed upon in the former proceeding. Such being the case, if no technical objection appeared to have been raised upon the…
2Cases cited4 opinions
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- Lessee of Cluggage v. SwainSupreme Court of Pennsylvania · 1811
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- Scharf v. Richard De Cou Co.Supreme Court of Pennsylvania · 1936
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