Legal Opinion

McCord v. Durant

Supreme Court of Pennsylvania

Decided April 7, 1890No. 164PublishedCited by 4 opinions

APPEAL BY PLAINTIFF FROM THE COURT OF COMMON PLEAS NO. 1 OF PHILADELPHIA COUNTY. No. 164 July Term 1889, Sup. Ct.; court below, No. 22 March Term 1888, C. P. No. 1. On March 27, 1888, James S. McCord, administrator of Joshua D. Williams, deceased, brought assumpsit against William L. Durant. Issue.

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APPEAL BY PLAINTIFF FROM THE COURT OF COMMON PLEAS NO. 1 OF PHILADELPHIA COUNTY. No. 164 July Term 1889, Sup. Ct.; court below, No. 22 March Term 1888, C. P. No. 1. On March 27, 1888, James S. McCord, administrator of Joshua D. Williams, deceased, brought assumpsit against William L. Durant. Issue. At the trial on April 28, 1889, the plaintiff put in evidence an agreement in writing, under seal, dated October 19, 1872, between Joshua D. Williams, Pittsburgh, Pa., special agent of the Equitable Life Assurance Society, of the first part, and William L. Durant and Horace B. Durant, doing…

1Opinion of the Court

Pek Cukiam:

The first three assignments of error are not according to the Rules. They do not give the rulings of the court below in the precise phraseology used, but only its substance. See Rule XXIII. Nor does the paper-book of appellant give the charge literally, in any part of it.

We discover no érror in the direction to find for the defendant. The plaintiff put in evidence the affidavit of defence, from which it appears that the agreement of October 19,1872, had been fulfilled by Durant. The affidavit sets forth that “the consideration of the making of this agreement, (February 8,1875,)…

2Cited by4 opinions

  1. Kull v. Mastbaum & FleisherSupreme Court of Pennsylvania · 1921
  2. Beck v. General Insurance Co. of AmericaOregon Supreme Court · 1933
  3. Delmont Gas Coal Co. v. Diamond Alkali Co.Supreme Court of Pennsylvania · 1923
  4. National Castings Co. v. Loomis-Manning Filter Mfg. Co.Superior Court of Pennsylvania · 1927

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