Floyd v. Browne
Supreme Court of Pennsylvania
From the record of this case, returned on a writ of error to the District Court for the city and county of Philadelphia, it appeared, that in the court below, it was an action of assumpsit for money had and received, brought by the plaintiff in' error, John Floyd, against the defendant in error, Jtquilla Ft.
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From the record of this case, returned on a writ of error to the District Court for the city and county of Philadelphia, it appeared, that in the court below, it was an action of assumpsit for money had and received, brought by the plaintiff in' error, John Floyd, against the defendant in error, Jtquilla Ft. Browne, administrator de bonis non cum testamento annexo of Thomas Truxton, deceased, who, in his lifetime was-High Sheriff of the city and county of Philadelphia. , s The following were the circumstances upon which the plaintiff’s claim was founded: To March Term, 1819, of the District…
1Opinion of the Court
The opinion of the court was delivered fay'
Gibson, C. J.—A
plaintiff is riot compelled to elect between actions that are consistent with each other. Separate actions against a number who are severally liable for the. same thing, or against the same defendant on 'distinct securities for the same debt or duty, are consistent, being*concurrent remedies. Trespass' is,'in its na-"-, ture, joint and several; and in separate actions against joint tres- ] passers, being consistent with' each other, nothing :bút actual satis- I faction hy one will discharge the rest. So far the law is clear. / Here,…
2Cited by17 opinions
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- Julia Brumfield Sims v. Monumental General Insurance CompanyCourt of Appeals for the Fifth Circuit · 1992
- Joseph C. Baram v. Robert Farugia, Glenn S. Hackett and Dennis Fredella, Robert Farugia and Glenn S. HackettCourt of Appeals for the Third Circuit · 1979
- Osterhout v. RobertsCourt for the Trial of Impeachments and Correction of Errors · 1827
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