Ashton v. Sproule
Supreme Court of Pennsylvania
Error to the District Court of Philadelphia, This was an action of assumpsit by Oliver Sproule against Samuel K. Ashton, as endorser of a promissory note, of which the following is a copy:— $300. Phila., March 24th 1851. Twelve months after date, I promise to pay to the order of Oliver Sproule, three hundred dollars, with lawful interest from date, without defalcation, for value received (not to be deposited in bank). • Geo. E. Murray. Endorsed — Samuel K. Ashton.
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Error to the District Court of Philadelphia, This was an action of assumpsit by Oliver Sproule against Samuel K. Ashton, as endorser of a promissory note, of which the following is a copy:— $300. Phila., March 24th 1851. Twelve months after date, I promise to pay to the order of Oliver Sproule, three hundred dollars, with lawful interest from date, without defalcation, for value received (not to be deposited in bank). • Geo. E. Murray. Endorsed — Samuel K. Ashton. At the maturity of this note, no demand of payment was made on the maker, nor was any notice of non-payment given to the…
1Opinion of the Court
The opinion of the court was delivered by
Thompson, J.
The complaint that the learned judge of the District Court did not respond to the points of the plaintiff in error, whatever he may have said about their having been presented out of time, according the requirement of the rule of court, is without foundation, as he did substantially answer each and every of them; and this dispenses with the necessity of a further discussion of the Act April 17th 1856, with which it was thought the action of the court conflicted.
The first and second specifications of error may be considered together. The…
2Cases cited2 opinions
- Erie Bank v. GibsonSupreme Court of Pennsylvania · 1832
- Johnston v. ThompsonSupreme Court of Pennsylvania · 1835
3Cited by5 opinions
- Forster v. Rogers Bros.Supreme Court of Pennsylvania · 1915
- McDyer v. Eastern Pennsylvania Railways Co.Supreme Court of Pennsylvania · 1910
- Second National Bank v. GrahamSupreme Court of Pennsylvania · 1914
- Rogers v. Detroit Savings BankMichigan Supreme Court · 1906
- Klein v. LevensonSuperior Court of Pennsylvania · 1912