Public-domain · open source
OpenJurist

1 Add. 56

Cavode v. M'Kelvey

Pennsylvania Court of Common Pleas, Westmoreland County · decided 1793-03-15

THIS was an action of indebitatus assumsit, for money had and received. One Sterret purchased, for 29s. 6d. at commissioners’ sale, the claim of one George Knox to a tract of land in Westmoreland county, and sold it, for 50l. to M'Kelvey ; who sold it to Cavode and Williams, for 120l. of which 50l. was paid to Sterret, and 70l. to M'Kelvey; and they bound themselves to warrant and defend, according to the sums respectively received.

Cited by 1 later decisions — most recently July 1920

1 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1793-03-15

View the full empirical analysis of this case →

President.

¶1In assumsit on a wager, “whether a decree in the court of Chancery would be reversed, on appeal to the house of Lords,” it was contended, that the event was not contingent, but certain ; for the law is clear, evident, and certain. But it was held, that the consideration was good, and the action lay. Settlement of a dispute is part of the consideration in this case, and *58seems to be the principal consideration in the view of the parties : that has not failed. There appears no fraud, nor concealment of circumstances, not equally in the knowledge of both parties.

¶2There was a verdict for the defendant.

/1/add/56 · .json · Public domain