1 Yeates 245
Decided April 15, 1793
Supreme Court of Pennsylvania · decided 1793-04-15
Case. The declaration consisted of two counts. The first stated, that “M. K. on the 12th May 1785, in consideration ‘ ‘ that the said J. M. before he became bankrupt, and before “the same day, had bargained, sold, and conveyed, to him “the said M. a certain tract of land, of the value of 75I. sit- ‘ ‘ uate in Brunswick township, in Berks county, he the said “ M. by his contract and agreement in writing, then and there “made with and delivered to the said J. M., assumed upon…
Cited by 1 later decisions — most recently January 1828
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Decided 1793-04-15
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¶1The form of the action is decisive. The damages here are as uncertain as in any species of trespass, and cannot be assigned over by the commissioners. Matters of ■ mere tort were not contemplated by the legislature when they enacted the bankrupt law. The assignees might, if they had thought proper, have brought assumpsit, and then the defendant would have had the benefit of a set-off; but, the suit in its present form, cannot be supported.
¶2Judgment for the defendant.