Filbert v. Hawk
Supreme Court of Pennsylvania
ERROR to the common pleas of Union county. Peter H. Hawk, for the use of George F. Miller and Charles G. Donnel, against Charles Filbert, with notice, &c. Scire facias P. A. et D.; the defendant pleaded payment and set-off. On the 20th of February 1833, Hawk obtained a judgment against Filbert for 50 dollars. On the 14th of February 1837, he assigned it to Charles G. Donnel and George F. Miller, for a valuable consideration, and for whose use this scire facias was issued.
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ERROR to the common pleas of Union county. Peter H. Hawk, for the use of George F. Miller and Charles G. Donnel, against Charles Filbert, with notice, &c. Scire facias P. A. et D.; the defendant pleaded payment and set-off. On the 20th of February 1833, Hawk obtained a judgment against Filbert for 50 dollars. On the 14th of February 1837, he assigned it to Charles G. Donnel and George F. Miller, for a valuable consideration, and for whose use this scire facias was issued. On the 1st of November 1834, Filbert brought an action of assumpsit against Hawk, upon which, on the 30th of March 1836,…
1Opinion of the Court
The opinion of the Court was delivered by
Kennedy, J.
The injustice, which existed at common law, of not permitting a set-off of mutual cross demands, unconnected with each other, so that, if of equal amount, both might thereby be satisfied and extinguished, or if of unequal amount, the less might be so and the larger pro tanto, was often sensibly fell: and especially in the first settlement of this state, as a province, when the scarcity of money not only tended greatly to increase the number of such demands, but rendered the payment of them, in any other way than that of set-off, frequently…
2Cases cited3 opinions
- Ramsey's AppealSupreme Court of Pennsylvania · 1834
- Walker v. ButzSupreme Court of Pennsylvania · 1795
- Jacoby v. GuierSupreme Court of Pennsylvania · 1821
3Cited by13 opinions
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- Work v. PrallSuperior Court of Pennsylvania · 1904
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