Cummings v. Lebo

Supreme Court of Pennsylvania

Cummings v. Lebo

2 Rawle 23, 1829 Pa. LEXIS 118

CourtSupreme Court of Pennsylvania

DecidedJune 30, 1829

StatusPublished

Cited by13 cases

This text of 2 Rawle 23 (Cummings v. Lebo) is published on Counsel Stack Legal Research, covering Supreme Court of Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Cummings v. Lebo, 2 Rawle 23, 1829 Pa. LEXIS 118 (Pa. 1829).

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Opinion

Per Curiam.

— Justice, convenience, and common sense, require that this exception should not prevail. Equity would reform such [24]*24a bond as is here set out, on the intrinsic evidence of mistake, which it bears on its face. The-condition is not to appear, and it is in principle' exactly the case- of the promissory npte mentioned by Lord Hardwicke, 2 Atk. 31, in which the borrower promised never to pay. The plaintiff ought to have declared on the instrument according to its legal effect; so that, whether the bond contain the objectionable word or not, the defect in the declaration, being equally the effect of accident,.and amendable below, is to be considered as actually amended here.

Judgment affirmed.

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Per Curiam.

— Justice, convenience, and common sense, require that this exception should not prevail. Equity would reform such [24]*24a bond as is here set out, on the intrinsic evidence of mistake, which it bears on its face. The-condition is not to appear, and it is in principle' exactly the case- of the promissory npte mentioned by Lord Hardwicke, 2 Atk. 31, in which the borrower promised never to pay. The plaintiff ought to have declared on the instrument according to its legal effect; so that, whether the bond contain the objectionable word or not, the defect in the declaration, being equally the effect of accident,.and amendable below, is to be considered as actually amended here.

Judgment affirmed.

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Bluebook (online)

2 Rawle 23, 1829 Pa. LEXIS 118, Counsel Stack Legal Research, https://law.counselstack.com/opinion/cummings-v-lebo-pa-1829.

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