Legal Opinion

Rogers v. Old

Supreme Court of Pennsylvania

Decided December 15, 1819PublishedCited by 5 opinions

In Error. THIS was a writ of error to the Court of Common Pleas of Montgomery county, in an action of assumpsit brought by Joseph Old against John Rogers and Joshua, Maylin, trading under the firm of Rogers Maylin, in wj1jcj1 tjje plaintiff declared on a quantum valebat for goods sold and delivered. Issue was joined on the pleas of non assumpsit, payment, and the statute of limitations ; and the defendants afterwards added the plea of set-off, a fortnight before the trial.

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In Error. THIS was a writ of error to the Court of Common Pleas of Montgomery county, in an action of assumpsit brought by Joseph Old against John Rogers and Joshua, Maylin, trading under the firm of Rogers Maylin, in wj1jcj1 tjje plaintiff declared on a quantum valebat for goods sold and delivered. Issue was joined on the pleas of non assumpsit, payment, and the statute of limitations ; and the defendants afterwards added the plea of set-off, a fortnight before the trial. On the trial, the plaintiff, who was a forge-master, to prove iron delivered to the defendants, offered in evidence a…

1Opinion of the Court

The opinion of the Court was delivered by

Duncan J.

The defendant in error, the plaintiff below, declared on a quantum valebat for goods sold and delivered. Issues were joined on the' pleas of nan assumpsit, payment, and the statute of limitations. He offered in evidence a certain book, as a book of original entries, with the proof, as stated in the bill of exceptions. This book was objected to by the defendants below, and was received in evidence as a book of original entries to charge the defendants, who excepted to the opinion of the Court. This book on inspection is not a book charging the…

2Cases cited1 opinion

  1. Sterrett v. BullSupreme Court of Pennsylvania · 1808

3Cited by5 opinions

  1. Hamer v. McFarlinNew York Supreme Court · 1847
  2. Werkheiser v. WerkheiserSupreme Court of Pennsylvania · 1832
  3. Smith v. LaneSupreme Court of Pennsylvania · 1824
  4. Whelen v. WatmoughSupreme Court of Pennsylvania · 1827
  5. Rhoads v. GaulSupreme Court of Pennsylvania · 1834

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