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4 Yeates 130

Hockley v. Fulmer

Supreme Court of Pennsylvania

Decided December 15, 1804

Supreme Court of Pennsylvania · decided 1804-12-15

By the record it appeared, that a summons in case had issued against Jacob Fulmer, sen. and Jacob Fulmer, jun., returnable in the Common… Held: that if it appeared at the trial there was a joint contract, and only one of the contracting parties was sued, it was a decisive objection against the plaintiff’s action ; but afterwards, for the convenience of the suitors, on considering the principles on which those decisions proceeded, it was held, that if a defendant meant to…

Decided 1804-12-15

¶1The court after advisement, confirmed the judgment of the Circuit Court, on the authority of Addison v. Overend. 6 Term *133Rep. 766. See also 5 Tidd’s Pract. 621, 622. Bradley v. Whorewood, Cro. El. 204. Philips v. Wood. Hob. 251, and Hamilton v. Frederick, the preceding case.

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