Kiern v. Ainsworth
This text of 95 Pa. 310 (Kiern v. Ainsworth) 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.
Opinion
The judgment of the Supreme Court was entered,
The first and second errors assigned are not material, and have not been insisted on. The material and only material question in the case is, whether the defendant below having relied in his action of crim. con. upon the ten notes given in favor of Mrs. Ainsworth as a settlement of plaintiff’s claim, and having filed a plea of accord and satisfaction in that case setting up these notes as received in full payment and satisfaction, wasestopped thereby from taking defence in this case that they were given under coercion, and were invalid. The rule is nemo allegans contraria audiendus est. We are of opinion on the whole evidence that the direction of the learned judge below to the jury to find a verdict for the plaintiff was right.
Judgment affirmed.
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Cite This Page — Counsel Stack
95 Pa. 310, 1880 Pa. LEXIS 320, Counsel Stack Legal Research, https://law.counselstack.com/opinion/kiern-v-ainsworth-pa-1880.