Stewart v. Kearney
Supreme Court of Pennsylvania
ERROR to Fayette county. • Jacob Kearney’s administrator against Alexander Stewart and John Shough. This was an action of trover, brought by Jacob Kearney against the plaintiffs in error, for a wagon and team. The cause was arbitrated, and an award found for the plaintiff, for 416 dollars. From this award Alexander Stewart appealed. Jacob Kearney died, and R. P. Flenniken, his administrator, was substituted. The defendant pleaded not guilty.
Read the full summary
ERROR to Fayette county. • Jacob Kearney’s administrator against Alexander Stewart and John Shough. This was an action of trover, brought by Jacob Kearney against the plaintiffs in error, for a wagon and team. The cause was arbitrated, and an award found for the plaintiff, for 416 dollars. From this award Alexander Stewart appealed. Jacob Kearney died, and R. P. Flenniken, his administrator, was substituted. The defendant pleaded not guilty. It appeared that Kearney had delivered the team to Shough, who gave his notes for the price; but it was alleged, and proof offered to establish the…
1Opinion of the Court
The opinion of the Court was delivered by
Gibson, C. J.
That a collusive contract binds the parties to it, is a principle which commends itself no less to the moralist than to the jurist; for no dictate of duty calls on a judge to extricate a a rogue from his own toils. On any other principle a knave might gain, but could not lose, by a dishonest expedient; and we should *455but administer provocatives to unfair dealing, did we repair the cross accidents of an unsuccessful trick. It is, therefore, in accordance with a wise and liberal policy which requires the consequencés of a fraudulent…
2Cases cited2 opinions
- Buehler v. GloningerSupreme Court of Pennsylvania · 1834
- Cook v. GrantSupreme Court of Pennsylvania · 1827
3Cited by15 opinions
- Holliday v. McKinneSupreme Court of Florida · 1886
- Pringle v. PringleSupreme Court of Pennsylvania · 1868
- Bouslough v. BousloughSupreme Court of Pennsylvania · 1871
- Brown's Administrator v. FinleySupreme Court of Missouri · 1853
- Bank v. FordyceSupreme Court of Pennsylvania · 1848
10 more not listed; retrieve them via the Exa API.