Kennedy v. Carpenter
Supreme Court of Pennsylvania
This was a writ of error to the District Court for the City and County of Philadelphia, to remove the record of an action of assumpsit brought in that court to June Term, 1832, by Ann Carpenter, John Smith and George Knorr, administrators of the goods, &c.. of Conrad Carpenter, deceased, against Robert Kennedy.
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This was a writ of error to the District Court for the City and County of Philadelphia, to remove the record of an action of assumpsit brought in that court to June Term, 1832, by Ann Carpenter, John Smith and George Knorr, administrators of the goods, &c.. of Conrad Carpenter, deceased, against Robert Kennedy. The declaration contained five counts : The first was on a promissory note made by the defendant, dated the 6th of June, 1823, for $3500, payable to Conrad Carpenter and William Overington, at ninety days, at the Bank of Germantown, and endorsed, (as alleged,) by Overington to…
1Opinion of the Court
The opinion of the Court was delivered by
Kennedy, J.;
Out of the numerous errors assigned, two principal objections seem to arise against the recovery of the plaintifis below, either of which we think is fatal. The first is, that they are not entitled to recover on the money counts in their declaration; because if they, as the administrators of Conrad Carpenter, deceased, were bound to pay the money to the Bank of Germantown, as they did, in discharge of the note, their only remedy to be reimbursed, was by a suit upon the note itself, in the name of William Overington, the surviving payee: but…
2Cases cited9 opinions
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- Campbell v. MesierNew York Court of Chancery · 1819
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- Lang v. KeppeleSupreme Court of Pennsylvania · 1804
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3Cited by13 opinions
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- Harris v. ClarkOhio Supreme Court · 1840
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