Metzgar ex rel. Uhler v. Metzgar
Supreme Court of Pennsylvania
This was a writ of error to the Court of Common Pleas of .Northampton county, which was returned accompanied by several bills of exceptions to the opinion of a majority of the court below, both in the#admission of evidence, and in thdir instructions to the jury.
Read the full summary
This was a writ of error to the Court of Common Pleas of .Northampton county, which was returned accompanied by several bills of exceptions to the opinion of a majority of the court below, both in the#admission of evidence, and in thdir instructions to the jury. The action was brought .in the name of Christian Metzgar, assignee of the executors of Andrew Metzgar, deceased, for the use of Valentine TJhler and Henry XJhler, against Philip Metzgar, upon a bond given by Philip Metzgar to Andr.ew Metzgar, dated the 26th of May, 1810, in the penalty of one hundred pounds, conditioned for the…
1Opinion of the Court
The opinion of the court was delivered by
Gibsoñ, C. J.
Our defalcation act, having been found extremely beneficial, in -practice, has been construed more largely, than the words would seem to bear. Even the English statute, although more narrow in its words and construction,- Has not been held to require that the debts to be set against each other, should haye *231arisen out of the same transaction. The object is to promote convenience by preventing circuity of action; and that requires the defalcation of all demands which do not involve any great degree of intricacy in the inquiry. Why, then,…
2Cited by6 opinions
- Hale v. HenrieSupreme Court of Pennsylvania · 1834
- Clement v. City of PhiladelphiaSupreme Court of Pennsylvania · 1891
- Hughes v. LargeSupreme Court of Pennsylvania · 1845
- Blair v. MathiottSupreme Court of Pennsylvania · 1864
- Stephens v. Gilberton Coal Co., Pennsylvania Court of Common Pleas, Schuylkill County1873
1 more not listed; retrieve them via the Exa API.