Us Supreme Court Court January 1791 Judgments
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Respublica Vs. Roberts
Court: US Supreme Court
Decided on: 1791
RESPUBLICA v. ROBERTS - 2 U.S. 124 (1791) U.S. Supreme Court RESPUBLICA v. ROBERTS, 2 U.S. 124 (1791) 2 U.S. 124 (Dall.) Respublica v. Roberts Supreme Court of Pennsylvania April Term, 1791 This was an indictment for adultery, which had been found in the Quarter Sessions, of Bucks County. The woman was married; but the indictment did not state the defendant to be so; and, indeed, the contrary was allowed, in the course of the argument, to be the fact. The question brought before this Court was, whether in such circumstances, the defendant would be convicted and sentenced for adultery, under the act of Assembly? 1 Vol. p. 47. Dall. Edit. the Attorney Page 2 U.S. 124, 125 General contending for the affirmative of the proposition, and Serjeant opposing it. The Court, after consideration, delivered an unanimous opinion, that under the act of Assembly, and the uniform practice of eighty-five years ( a practice, which, though it does not make the law, must be strong evidence of ...
Sweeney'S Lessee vs. Toner
Court: US Supreme Court
Decided on: 1791
SWEENEY'S LESSEE v. TONER - 2 U.S. 129 (1791) U.S. Supreme Court SWEENEY'S LESSEE v. TONER, 2 U.S. 129 (1791) 2 U.S. 129 (Dall.) Sweeney's Lessee v. Toner* Supreme Court of Pennsylvania September Term, 1791 The material facts, on the trial of this ejectment, appeared to be these: The defendant went into Northumberland County, in the year 1737, and made an improvement on a tract of land, which tract he afterwards exchanged with his brother, for the one in question, with a view to establish a permanent settlement for his family. The war, however, broke out soon afterwards; and there being a call for soldiers, he enlisted, on the assurance of his friends, that they would take care of the premises for him. In the year 1775, the lessor of the plaintiff, likewise went into Northumberland County, and obtained possession of the premises by virtue of a contract in writing with the defendant's brother, in the nature of a lease, by which the plaintiff covenanted to make improvements for t...
Little Vs. Dawson
Court: US Supreme Court
Decided on: 1791
LITTLE v. DAWSON - 4 U.S. 111 (1791) U.S. Supreme Court LITTLE v. DAWSON, 4 U.S. 111 (1791) 4 U.S. 111 (Dall.) Little v. Dawson et al. Executors of Jones. Supreme Court of Pennsylvania. September Term, 1791 CASE for services rendered by Jane Little, the plaintiff, to Aquila Jones, the testator. THE COURT. The COURT, in the charge to the jury, stated, that it was in full proof, that the plaintiff had served the testator, with great diligence, for a period exceeding eleven years, on which two questions arose: 1st. Was she entitled to any compensation? 2d. Had she received a compensation? As to the first, it was RULED, that if the services were rendered merely in expectation of a legacy, without any contract, express or implied, but relying, implicitly, on the testator's generosity, the action could not be maintained. The weight of the evidence, however, is that he promised to take care of her, though he did not say how; that at one time he offered to marry her; and, at anothe...
Bond vs. Haas' Exrs
Court: US Supreme Court
Decided on: 1791
BOND v. HAAS' EXRS - 2 U.S. 133 (1791) U.S. Supreme Court BOND v. HAAS' EXRS, 2 U.S. 133 (1791) 2 U.S. 133 (Dall.) Bond v. Haas's Executors Supreme Court of Pennsylvania September Term, 1791 This was a Scire Facias on a mortgage, dated 15th August 1777, for the payment of L 250. at four per cent, current Page 2 U.S. 133, 134 money of Pennsylvania, in one year. At the time the mortgage was executed continental money was depreciated, and at three for one. The plaintiff insisted that the whole sum should be paid in specie, and offered to prove that Adam Haas, in his life time, informed a Scrivener, that the money he had received was as good to him as gold and silver; that it was so, in effect, to the plaintiff; that he was sensible that he ought to pay her specie, and desired the Scrivener to draw a writing to secure it; and that Haas died soon after, before he had an opportunity of executing any instrument to secure it to the plaintiff. The defendant opposed the admission of ...
Respublica Vs. Lacaze
Court: US Supreme Court
Decided on: 1791
RESPUBLICA v. LACAZE - 2 U.S. 118 (1791) U.S. Supreme Court RESPUBLICA v. LACAZE, 2 U.S. 118 (1791) 2 U.S. 118 (Dall.) Respublica v. Lacaze, et. al. Supreme Court of Pennsylvania September Term, 1791 This was an action of debt in the debet et detinet, for L 4000 sterling, equal to L. 6,666. 13. 8. currency, brought in the name of the commonwealth for the use of Lewis Lanoix, against James Lacaze, Michael Mallet, and John Ross, upon a writing signed by the defendants, dated the 4th of November 1783, and taken in the Court of Admiralty of Pennsylvania, in the nature of a caution, or stipulation. The information (which states the whole case) was in the following words: 'Philadelphia County ss. James Lacaze, Michael Mallet and John Ross, all late of the city of Philadelphia in the said county, merchants, were summoned to answer the commonwealth of Pennsylvania in a plea, Page 2 U.S. 118, 119 that they render to the said commonwealth for the use of Lewis Lanoix, the sum of six...
Thompson Vs. Thompson
Court: US Supreme Court
Decided on: 1791
THOMPSON v. THOMPSON - 2 U.S. 128 (1791) U.S. Supreme Court THOMPSON v. THOMPSON, 2 U.S. 128 (1791) 2 U.S. 128 (Dall.) Thompson v. Thompson Supreme Court of Pennsylvania September Term, 1791 Libel for a divorce a mensa et thoro, charging the defendant with various acts of cruelty, and indignities, that rendered the Libellant's situation insupportable. Defendant, protestando, &c.; pleaded, that before the filing of the said libel, his wife (the libellant) had separated herself from him, and that 'he had offered to receive and cohabit with her again, and use her as a good husband ought to do.' To this plea the defendant demurred. Tilghman, in support of it, contended, that by the act of Assembly 'concerning Divorces and Alimony' (2 Vol. Dall. Edit. p. 381.) the Court were obliged either to suspend, or to discharge, any sentence, separating husband and wife, from bed and board, whenever the husband should make the offer, that was stated in the answer: And that if this was a ...
Foxcraft Vs. Nagle
Court: US Supreme Court
Decided on: 1791
FOXCRAFT v. NAGLE - 2 U.S. 132 (1791) U.S. Supreme Court FOXCRAFT v. NAGLE, 2 U.S. 132 (1791) 2 U.S. 132 (Dall.) Foxcraft and Galloway v. Nagle Supreme Court of Pennsylvania September Term, 1791 This was an action of debt, and issue was joined on the plea of payment. It appeared that the defendant had paid the principal and all the interest, except for seven years and a half, which he now contended ought to be deducted, as the plaintiffs were British subjects, and not resident within the American lines during the war. The defendant's counsel insisted, that the point had been fully settled in the case of Osborn versus Mifflin's Executors; and also, in that of Hoare versus Allen.* But the plaintiff's counsel endeavoured to distinguish this case, by proving that the parties had an intercourse: That Galloway was with the enemy while they were in Philadelphia, and that Naglee the defendant, then lived within three miles of the city; and might have come in and gone out at pleasure....
Donaldson Vs. Means
Court: US Supreme Court
Decided on: 1791
DONALDSON v. MEANS - 4 U.S. 109 (1791) U.S. Supreme Court DONALDSON v. MEANS, 4 U.S. 109 (1791) 4 U.S. 109 (Dall.) Donaldson v. Means. Supreme Court of Pennsylvania. September Term, 1791 THIS was an action brought by the indorsee of three bills of exchange, against the indorsor. On the trial, it appeared, that the bills were drawn in April 1776, at thirty days sight, by Nathaniel Newton, on Wilt and Hobson of London, in favor of T. Armstrong, and indorsed successively by Armstrong, and by Means, the defendant; that the bills were presented, and noted for non-acceptance, on the 24th of March 1777; and that they were presented, and protested for non-payment, on the 26th of April 1777. The question to be decided, was, whether due notice had been given to the defendant to the protest of the bills; or he had done any act, which amounted to a waiver of notice? On this point, a letter was produced from the plaintiff to his father, dated the 10th of May 1778, advising of the protes...
Douglass' Lessee vs. Sanderson
Court: US Supreme Court
Decided on: 1791
DOUGLASS' LESSEE v. SANDERSON - 2 U.S. 116 (1791) U.S. Supreme Court DOUGLASS' LESSEE v. SANDERSON, 2 U.S. 116 (1791) 2 U.S. 116 (Dall.) Douglass's Lessee v. Sanderson Supreme Court of Pennsylvania April Term, 1791 On the trial of this cause, before Judge Bryan, at Nisi Prius, in Cumberland, in November 1790, the Plaintiff offered in evidence a deed, and to prove its execution by the hand writing of one of the witnesses, who was dead. The other witness was said to be dead also; and, to prove this, they offered the Plaintiff himself, to testify that the witness had formerly lived in Philadelphia, that he had made enquires for him, and heard he was dead. This testimony was objected to; but on argument he was admitted, the Judge reserving the point. The Plaintiff then offered a leaf, said to be cut out of a family bible, on which were written the names of the children of one M'Michael, under whom the lessor of the plaintiff claimed, with the times of their respective births; wh...
Frey Vs. Leeper
Court: US Supreme Court
Decided on: 1791
FREY v. LEEPER - 2 U.S. 131 (1791) U.S. Supreme Court FREY v. LEEPER, 2 U.S. 131 (1791) 2 U.S. 131 (Dall.) Frey v. Leeper* Supreme Court of Pennsylvania September Term, 1791 The determination of this cause turned on the following point, which was submitted to the Court, to wit; whether goods, which, after being distrained for rent, had been replevied, and delivered to the plaintiff in replevin, could be taken in execution. By the Court: This point has been already determined in Philadelphia. The lien on the goods is discharged by the security given to the sheriff; and as soon as they are delivered back to the plaintiff in replevin, they are open to execution, or a new distress. Judgment for the Plaintiff. Footnotes [ Footnote * ] Decided at Cumberland, Nisi Prius, before Shippen and Bradford, Justices, in October, 1791.[ Frey v. Leeper Footnote 2 U.S. 131 (1791) ] ...
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