Shoemaker v. Keeley

Supreme Court of Pennsylvania

Shoemaker v. Keeley

1 Yeates 245

CourtSupreme Court of Pennsylvania

DecidedApril 15, 1793

StatusPublished

Cited by1 cases

This text of 1 Yeates 245 (Shoemaker v. Keeley) 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

Shoemaker v. Keeley, 1 Yeates 245 (Pa. 1793).

Pincite

Opinion

Per Cur.

The form of the action is decisive. The damages here are as uncertain as in any species of trespass, and cannot be assigned over by the commissioners. Matters of ■ mere tort were not contemplated by the legislature when they enacted the bankrupt law. The assignees might, if they had thought proper, have brought assumpsit, and then the defendant would have had the benefit of a set-off; but, the suit in its present form, cannot be supported.

Judgment for the defendant.

Free access — add to your briefcase to read the full text and ask questions with AI

Per Cur.

The form of the action is decisive. The damages here are as uncertain as in any species of trespass, and cannot be assigned over by the commissioners. Matters of ■ mere tort were not contemplated by the legislature when they enacted the bankrupt law. The assignees might, if they had thought proper, have brought assumpsit, and then the defendant would have had the benefit of a set-off; but, the suit in its present form, cannot be supported.

Judgment for the defendant.

Cite This Page — Counsel Stack

Bluebook (online)

1 Yeates 245, Counsel Stack Legal Research, https://law.counselstack.com/opinion/shoemaker-v-keeley-pa-1793.

Opinion

Related

Cite This Page — Counsel Stack