Legal Opinion

Maurer v. Mitchell

Supreme Court of Pennsylvania

Decided May 15, 1845PublishedCited by 10 opinions

ERROR to the Common Pleas of Clinton county. Peggy Mitchell against Daniel Maurer. This was an action of debt, in which the following special verdict was found: We the jurors empanelled and sworn in the above case, do find that, on the 13th day of September 1841, the defendants, Daniel Maurer and Jacob Maurer, did execute and deliver to the plaintiff, Peggy Mitchell, their sealed note or single bill for the sum of $50, payable the 1st September 1842, being the same single…

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ERROR to the Common Pleas of Clinton county. Peggy Mitchell against Daniel Maurer. This was an action of debt, in which the following special verdict was found: We the jurors empanelled and sworn in the above case, do find that, on the 13th day of September 1841, the defendants, Daniel Maurer and Jacob Maurer, did execute and deliver to the plaintiff, Peggy Mitchell, their sealed note or single bill for the sum of $50, payable the 1st September 1842, being the same single bill on which this action is founded, and which is in evidence. They further find, that at the same time the said single…

1Opinion of the Court

The opinion of the Court was delivered by

Gibson, C. J.

It is pretty clear that the consideration of the contract was to be a cessation of voluntary prosecution by the mother, for it is incredible that the father would have been so far actuated by a sense of moral duty as to execute the articles and the single bills, had it been understood that she might continue to *71pursue him. She agreed to release him from “ all charges, demands, or suits for or on account of the prosecution but what charges, demands or suits could she have on account of it, except the prosecution itself? She could give…

2Cases cited1 opinion

  1. Morberger v. HackenbergSupreme Court of Pennsylvania · 1825

3Cited by10 opinions

  1. Partridge v. HoodMassachusetts Supreme Judicial Court · 1876
  2. United States ex rel. Huber v. SibrayU.S. Circuit Court for the District of Western Pennsylvania · 1910
  3. Commonwealth v. LucianoSuperior Court of Pennsylvania · 1965
  4. Rohrheimer v. WintersSupreme Court of Pennsylvania · 1889
  5. McMahon v. SmithSupreme Court of Connecticut · 1879

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