Legal Opinion

Erwin v. Leibert

Supreme Court of Pennsylvania

Decided December 15, 1842PublishedCited by 5 opinions

ERROR to the District Court for the city and county of Philadelphia, in which a suit was brought by George L. Leibert against William Erwin, on a promissory note for $100 at six months, dated April 15th, 1839, drawn by the defendant to. George Coltman or order, and endorsed by George Coltman and William Coltman.

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ERROR to the District Court for the city and county of Philadelphia, in which a suit was brought by George L. Leibert against William Erwin, on a promissory note for $100 at six months, dated April 15th, 1839, drawn by the defendant to. George Coltman or order, and endorsed by George Coltman and William Coltman. The defendant filed the following affidavit of defence: “ William Erwin, the defendant, on oath, says that he has a just and legal defence to the whole of the plaintiff’s demand in the above action, the nature and particulars of which are as follows: 1. The note, a copy of which is…

1Opinion of the Court

The opinion of the Court was delivered by

Gibson, C. J.

A rule for notice of special matter under a general issue plea, conduces to fairness, and ought to be rigidly enforced; for if equivalents for compliance with it were to be accepted, it would gradually cease to be a rule at all. It would scarce be thought that a deposit of a formal notice in the prothonotary’s office would be a compliance with a rule which requires it to be given to the party; yet the case before us is not even as strong, for it contains nothing from which the nature of the defence could be learned, but an informal…

2Cited by5 opinions

  1. Finlay v. StewartSupreme Court of Pennsylvania · 1867
  2. Wayne v. United StatesUnited States Court of Claims · 1891
  3. Haines, Jones & Cadbury Co. v. YoungSuperior Court of Pennsylvania · 1900
  4. Xander v. CommonwealthSupreme Court of Pennsylvania · 1883
  5. Smaltz v. RyanSupreme Court of Pennsylvania · 1886

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