1 U.S. 424 (1789) 1 Dall. 424 The Lessee of THOMPSON et ux. versus WHITE. Supreme Court of United States. *425 The preceding facts were proved by John Saltar and Elizabeth, his wife; together with the confession of the Defendant. *426 The CHIEF JUSTICE having stated the case, and the objections to the verdict, proceeded to deliver the opinion of the Court in the following manner: M'KEAN, Chief Justice. The Court have heard the reasoning in support of the motion, and the arguments against it;...
1 U.S. 458 (1789) 1 Dall. 458 THOMPSON Plf. in Err. versus MUSSER: TWO Actions. Supreme Court of United States. *460 Upon these records the general errors were assigned, and in nullo est erratum pleaded in both causes. They were argued together, first at Lancaster, and, afterwards, in two different terms, at Philadelphia, by Bradford, Lewis, and Wilson, for the Plaintiff in Error; and by Chambers, Hartley, Yeates, J.B. M`Kean, Sergeant, and Ingersoll for the defendant. *461 The causes being...
1 U.S. 411 1 Dall. 411 1 L. Ed. 200 Schlosser v. Lesher No. _. Court of Common Pleas, Philadelphia County March Term, 1789 1 This was an action of Indebitatus Assumpsit for goods sold and delivered. The Defendant pleaded Non Assumpsit and Non Assumpsit infra sex annos: The issue on the Non Assumpsit was tried, and a verdict found for the Plaintiff. To the plea of the statute of limitations, the Plaintiff replied, a writ of summons issued on a particular day within the six years, which was...
1 U.S. 439 1 Dall. 439 1 L. Ed. 213 Phillips v. Hyde No. _. Court of Common Pleas, Philadelphia County June Term, 1789 1 Debt upon a Replevin bond, after judgment de returns habends in the Replevin, and thereupon a return of Elongatur. 2 Sergeant, on the trial of the cause, offered witnesses to prove, that the goods had been tendered to the Plaintiff, and, therefore, that the condition of the Replevin bond had been performed. 3 Levy opposed the admission of this testimony, and contended that no...
1 U.S. 441 1 Dall. 441 1 L. Ed. 214 M'Cullough, Asignee v. Houston No. _. Supreme Court of Pennsylvania September Term, 1789 This was an action brought by Hugh M'Cullough, as assignee of Samuel Young, upon a promissory note drawn by John H. Houston; and, on the trial of the cause, a verdict was given for the Plaintiff, subject to the opinion of the Court on the following point: 'Whether the indorsee of a promissory note, takes it subject to all equitable considerations, to which it was subject,...
1 U.S. 480 (1789) 1 Dall. 480 LYLE, Admor. versus FOREMAN. Supreme Court of United States. Willcocks and Sergeant, for the Plaintiff; Ingersol, for the Defendant. SHIPPEN, President, observed, that while a man remained in the State, though avowing an intention to withdraw from it, he must be considered as an inhabitant, and, therefore, not an object of the Foreign Attachment. If an inhabitant clandestinely withdraws, or secretes himself, to avoid his creditors, he becomes liable to the Domestic...
1 U.S. 430 (1789) 1 Dall. 430 LEVING versus WILL. Supreme Court of United States. *431 The question was, whether a mortgage, not recorded within fix months, is good against the mortgagor And it was argued on the 5th of January, 1788, by Wilson and Ingersol, for the Plaintiff; and Sergeant and Bradford for the Defendant. *434 The cause having been for some time under advisement, THE CHIEF JUSTICE delivered the opinion of the Court as follows: M`KEAN, Chief Justice. The judgment in this case...
1 U.S. 415 (1789) 1 Dall. 415 KENNEDY versus NEDROW, et Ux. et al. Supreme Court of United States. *417 The cause was argued at the last term by Sergeant and Bradford, for the Demandant; and Coxe and Lewis, for the Tenants. And now the CHIEF JUSTICE delivered the opinion of the Court to the following effect: M`KEAN, Chief Justice. Two questions have been made on this record, in the discussion of which, the law relating to the subject has been exhausted; The first is, "Whether the devises to "...
1 U.S. 406 1 Dall. 406 1 L. Ed. 197 Johnson v. Hocker No. _. Supreme Court of Pennsylvania January Term, 1789 This was an action of debt brought upon a bond bearing date the 24th of April, 1779, and conditioned for the payment of L 500. lawful money of Pennsylvania. To the Plaintiff's demand the Defendant pleaded payment, and issue was thereupon joined. On the trial of the cause, Sergeant, in order to prove payment to the Treasurer agreeably to the tender law, offered to read the following...
2 U.S. 102 (_) 2 Dall. 102 HOARE versus ALLEN, and Tertenants. Supreme Court of United States. *103 BY THE COURT: This action is brought on a mortgage for £16,000, payable on 4th December, 1774. No suit could be brought on the mortgage before the 4th December, 1775. Before that period the war commenced, and on the 10th September, 1775, the Congress prohibited the exportation of commodities, &c. to Great Britain, or any of her dominions. This was obligatory on their constituents, and it became...
1 U.S. 456 (1789) 1 Dall. 456 GRÆME et. al. Admors, versus HARRIS. Supreme Court of United States. The point was argued on the 26th of September, by Rawle, for the Plaintiffs, and by Sergeant and Swift for the Defendant. *457 The Court, having considered the case and arguments, were unanimously of opinion, that the letters of administration, granted by the archbishop of York, were not a sufficient authority to maintain an action in this Commonwealth; and gave, Judgment for the Defendant.
1 U.S. 481 (1789) 1 Dall. 481 GRAFF versus SMITH'S Admors. Supreme Court of United States. After argument, THE PRESIDENT stated the circumstances of the case, and delivered the opinion of the Court, in the following manner. SHIPPEN, President: The facts agreed on both sides in this cause, are, that Robert Smith died intestate indebted to several persons, and possessed of a considerable real estate, but not of sufficient personal estate to pay his debts; that his administrators applied to the...
1 U.S. 428 (1789) 1 Dall. 428 D'UTRICHT versus MELCHOR. Supreme Court of United States. *429 The case being held for some days under advisement, the CHIEF JUSTICE now delivered the opinion of the Court to the following effect: M`KEAN, Chief Justice. It is unnecessary at this time to determine, whether the Plaintiff might have instituted an action of covenant, or deceit, in order to obtain a redress of the wrong which he has sustained; for, we think it is sufficient for his purpose, that an...
