Miller v. Probst

Westmoreland County Court of Common Pleas

Miller v. Probst

1 Add. 344

CourtPennsylvania Court of Common Pleas, Westmoreland County

DecidedSeptember 15, 1797

StatusPublished

This text of 1 Add. 344 (Miller v. Probst) is published on Counsel Stack Legal Research, covering Pennsylvania Court of Common Pleas, Westmoreland County primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Miller v. Probst, 1 Add. 344 (Pa. Super. Ct. 1797).

Pincite

Opinion

President.

Although John Probst had not the stills, another might have had and worked them, in 1793-4 . and the duty was then a lien on the stills. To relieve his stills from this liability, Probst might have undertaken to pay the duty. This seems to be the result of a settlement of an account between the parties, when all circumstances may be supposed to have been understood, and a balance struck. The note is prima facie evidence of a demand on Probst. He may controvert it, by shewing fraud, want of consideration, &c.

There was a verdict for the plaintiff.

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President.

Although John Probst had not the stills, another might have had and worked them, in 1793-4 . and the duty was then a lien on the stills. To relieve his stills from this liability, Probst might have undertaken to pay the duty. This seems to be the result of a settlement of an account between the parties, when all circumstances may be supposed to have been understood, and a balance struck. The note is prima facie evidence of a demand on Probst. He may controvert it, by shewing fraud, want of consideration, &c.

There was a verdict for the plaintiff.

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Bluebook (online)

1 Add. 344, Counsel Stack Legal Research, https://law.counselstack.com/opinion/miller-v-probst-pactcomplwestmo-1797.