Darlington v. Gray
Supreme Court of Pennsylvania
IN ERROR. Error to the Common Pleas of Chester county. William Gray brought an action of assumpsit to the use of Enoch Gray against Benedict Darlington, to May Term 1830, under the following circumstances. In 1824, Gray sold goods to Darlington, and afterwards took his bill of exchange on one Boyer, of Reading, for the amount, which was duly accepted, but not paid.
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IN ERROR. Error to the Common Pleas of Chester county. William Gray brought an action of assumpsit to the use of Enoch Gray against Benedict Darlington, to May Term 1830, under the following circumstances. In 1824, Gray sold goods to Darlington, and afterwards took his bill of exchange on one Boyer, of Reading, for the amount, which was duly accepted, but not paid. Gray brought suit in 1825, against Darlington, and declared for goods sold, work and labour, and on ai^account stated. The defendant then arbitrated the case. Before the referees, the plaintiff did not produce his declaration, or…
1Opinion of the Court
The opinion of the Court was delivered by
Rogers, J.
The charge of Mr. Justice Beli, to the jury, contains so clear an exposition of the facts and the law of this case, that little remains to be doné, except to declare our 'approbation of the principles of the charge, and to. affirm the judgment for the reasons assigned. The jury have found, that the bill of exchange on which this suit was brought, was accepted in payment and discharge of the original debt; and consequently it became as much a new, substantive and independent cause of action, as if the debt had arisen from an entirely different…
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