Foster v. Jack
Supreme Court of Pennsylvania
ERROR to the common pleas of Westmoreland county. This was an action of assumpsit by Alexander W. Foster, Esq. against William Jack.
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ERROR to the common pleas of Westmoreland county. This was an action of assumpsit by Alexander W. Foster, Esq. against William Jack. The first count in the declaration states, “that the said defendant on the 1st. day of January 1819, in consideration that the plaintiff would commence and prosecute, as the attorney, counsel and advocate of the defendant, suits in the court of common pleas of Westmoreland county, against the President, Managers and Company of the Stoystown and Greénsburgh Turnpike Road Company, upon claims which he then had or might afterwards acquire, at the special instance…
1Opinion of the Court
The opinion of the Court was delivered by
Gibson, C. J.
—Though dissatisfied with the decision of Mooney v. Loyd on principle and for its consequences, I did not dissent. 'On principle, because I was unable to comprehend why a valuable consideration might not raise an implied promise as well as support an express one; and for its consequences, because I felt assured it would be found entirely incompatible with the business and necessities of both counsel and client here. As anticipated, it was received with almost universal disapprobation by the profession, not from the impulse of interest, but…
2Cited by15 opinions
- In Re PaschalSupreme Court of the United States · 1871
- Davis v. WebberSupreme Court of Arkansas · 1899
- Greenleaf v. Minneapolis, St. Paul, & Sault Ste. Marie Railway Co.North Dakota Supreme Court · 1915
- Rabben v. SteinbergSuperior Court of Pennsylvania · 1958
- Mosgrove v. GoldenSupreme Court of Pennsylvania · 1882
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