Ormsby v. Fortune
Supreme Court of Pennsylvania
IN ERROR. Writ of error to the special Court of Common Pleas of Allegheny county, which was argued by M‘Donald, for the plaintiffs in error, and Burke, for the defendant in error.
1Opinion of the Court
The opinion of the court was delivered by
Tod, J.
To understand this case, a former suit between the same parties must be mentioned. Walter Fortune, the plaintiff below, owed a debt on a promissory note to Ormsby and Doane, the defendants below and plaintiffs in error, upon which suit had been brought. At the same time, one Byer owed a debt to Walter Fortune, and it was arranged between the three parties, that Byer should give to Ormsby and Doane, his (Byer’s) promissory note, payable at sixty days: which was done under this agreement, that the note of Byer was to be in payment of the note of…
2Cases cited1 opinion
- Leas v. JamesSupreme Court of Pennsylvania · 1823
3Cited by1 opinion
- In re Dyott's EstateSupreme Court of Pennsylvania · 1841