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4 Binn. 482

Peterson v. Barry

Supreme Court of Pennsylvania

Decided July 13, 1812

Supreme Court of Pennsylvania · decided 1812-07-13

This was an action of assumpsit for goods sold and delivered, &c., tried before Brackenridge J. at a Nisi Prius in March last, when the jury found a verdict for the plaintiff with 478 dollars 19 cents damages.

Decided 1812-07-13

Per Curiam.

¶1This is a case of an extraordinary nature, in which the character of both parties is very much concerned. The circumstances proved to day are material. The defendant paid Wright six hundred dollars in six notes for one hundred dollars each, of the Farmers and Mechanics’ Bank. This sum, with twenty dollars drawn by the defendant afterwards from that bank, made six hundred and twenty, the whole of his credit in the bank. We wish to know from ^whence these six hundred dollars came, and the defendant will have an opportunity of showing this on another trial. On the whole we are of opinion that the case requires further explanation, and therefore that there should be a new trial.

¶2New trial granted.

¶3[Cited in 1 Clark, 456; 1 Phila. 281.]

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