7 Pa. 394 | Pa. | 1847
(after stating the evidence rejected under the plea of payment.) — An opinion, it would seem, has prevailed, and with the sanction of high names, that under the plea of payment alone nothing but direct payment in money can be given in evidence. But the law was never so established, even in England. Their books contain many cases where it was held that under the plea of payment the defendant might give in evidence the delivery of the notes of a private banker, or notes' of individuals which had been accepted by the creditor ^n satisfaction of his debt: Williams v. Smith, 2 Barn. & Ald. 496; 2 Bos. & Pull. 518, It is the ' distinct agreement of the creditor to accept the thing in satisfaction and payment of the debt, which makes it good evidence under the plea of payment. In Pennsylvania, no 'judicial decision, made at any time, gives countenance or precedent to the judgment of the court below. But on the contrary, in the case of Musgrove v. Gibbs, 1 Dall. 217, Chief Justice McKean says: “The receipt .of one thing in satisfaction.of another is a good payment, as the acceptance of a horse in lieu
Judgment reversed, and a venire de novo awarded..