Jacks v. Moore
Supreme Court of Pennsylvania
Debt 152I. 5s. sur obligation. Oyer of specialty and special imparlance. Plea, payment with leave to give the special matters in evidence, with notice of set off. Replication, non solvit, and issue.
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Debt 152I. 5s. sur obligation. Oyer of specialty and special imparlance. Plea, payment with leave to give the special matters in evidence, with notice of set off. Replication, non solvit, and issue. The defendant offered to shew in evidence, that his son John Moore, during his minority in 1784, performed services for ten months for the plaintiff, during the time he held the offices of recorder of deeds and register of wills in the county of Eancaster, and claimed a reasonable compensation therefor. This was objected to by the plaintiff, who denied that any allowance was ever in the…
1Opinion of the Court
Per cur.
If the defendant had pleaded the set-off specially, he would have been under no necessity to have given any other written notice. It would then have been incumbent on the plaintiff to have replied the statute of limitations. Here the set*off is not pleaded; and under the case cited, r*oqo the evidence may be well objected to, on the mere notice of set-off. Evidence overruled.
Cited and followed in 8 Watts, 264, and 57 Pa., 157. Verdict pro quer. for 107I. 7s. 5d. debt, and 6d. costs. Mr. Montgomery, pro qtier. Mr. Hopkins, pro def.
2Cases cited2 opinions
- Taylor v. GouldSupreme Court of Pennsylvania · 1868
- Hinkley v. WaltersSupreme Court of Pennsylvania · 1839
3Cited by3 opinions
- Taylor v. GouldSupreme Court of Pennsylvania · 1868
- Alsop v. NicholsSupreme Court of Connecticut · 1832
- Hinkley v. WaltersSupreme Court of Pennsylvania · 1839