Solomon v. Kimmel
Supreme Court of Pennsylvania
in ERROR. Somerset county. r g ''HIS was a writ of error to the Common Pleas of g -®- as assignee of Casper Kitzmiller, brought debt upon two bonds, one for the payment of 50 dollars on the 25th of April 1802, the other for the like sum on the 5th of April 1804. The defendants in error, w^° were die obligors, pleaded payment, and gave notice of the special matter they intended to prove under this plea; and in conformity with the notice, at the trial of the cause they offered…
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in ERROR. Somerset county. r g ''HIS was a writ of error to the Common Pleas of g -®- as assignee of Casper Kitzmiller, brought debt upon two bonds, one for the payment of 50 dollars on the 25th of April 1802, the other for the like sum on the 5th of April 1804. The defendants in error, w^° were die obligors, pleaded payment, and gave notice of the special matter they intended to prove under this plea; and in conformity with the notice, at the trial of the cause they offered to shew, that the bonds in question were given for lands bought by them from Kitzmiller, to which he had no title, and…
1Opinion of the Court
Tilghman C. J.
This is a writ of error founded on a bill of exceptions. The action was brought by Kimmel the plaintiff below, against Solomon and Moor the defendants, on two bonds given by the defendants-to Kitzmiller, and by him assigned to Kimmel. It appears that Solomon, one of the defendants, had purchased land of Kitzmiller, in consideration of which the defendants had given him these and other bonds; and Kitzmiller, in pursuant of the articles of agreement between him and the defendant Solomon, had on his part given to Solomon a bond with security, conditioned for making good the title…
2Cited by3 opinions
- Wheeler v. HughesSupreme Court of the United States · 1776
- Brown v. ChambersSupreme Court of Alabama · 1848
- M'Farlane v. GriffithU.S. Circuit Court for the District of Pennsylvania · 1826