From Casetext: Smarter Legal Research

John Swift v. Hawkins and Others

U.S.
Jan 1, 1768
1 U.S. 17 (1768)

Opinion

APRIL TERM, 1768.

For the Plaintiff, the following cases were cited: Plowd. 308. b. Gilb, Rep. 154. Hard. 200. 3 P. Will. 222.


DEBT sur Obligation. — On the plea of payment Defendants offered to give no Consideration in Evidence. Objected, that the Consideration of a Bond is not enquirable into, the passing the Bond being a gift in Law of the money. — To this it was answered, and so ruled BY THE COURT, that there being no Court of Chancery in this Province; there is a necessity, in order to prevent a failure of Justice, to let the Defendants in under the plea of payment to prove mistake or want of consideration: And this the Chief Justice said he had known to be the constant practice of the Courts of Justice in this Province for thirty nine Years past.


Summaries of

John Swift v. Hawkins and Others

U.S.
Jan 1, 1768
1 U.S. 17 (1768)
Case details for

John Swift v. Hawkins and Others

Case Details

Full title:JOHN SWIFT versus HAWKINS and others

Court:U.S.

Date published: Jan 1, 1768

Citations

1 U.S. 17 (1768)

Citing Cases

Dushane v. Benedict

The courts of Pennsylvania, having originally had no jurisdiction in equity, have always allowed equitable…