Okie v. Spencer
Supreme Court of Pennsylvania
Off a writ of error to the District Court for the City and County of Philadelphia, it appeared that Abraham Okie brought an action on the case in that court against Asa Spencer, and declared in assumpsit on a promissory note, drawn by Oliver Spencer in favour of Asa Spencer, and by him endorsed. The note came into the hands of one D. Williamson, and was in his hands on the day it fell due. It was afterwards endorsed by him and came to the hands of the plaintiff.
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Off a writ of error to the District Court for the City and County of Philadelphia, it appeared that Abraham Okie brought an action on the case in that court against Asa Spencer, and declared in assumpsit on a promissory note, drawn by Oliver Spencer in favour of Asa Spencer, and by him endorsed. The note came into the hands of one D. Williamson, and was in his hands on the day it fell due. It was afterwards endorsed by him and came to the hands of the plaintiff. The defendant filed three special pleas, the third of which was as .follows: “ And for a further plea, &c.; because he says that the…
1Opinion of the Court
The opinion of the Court was delivered by
Kennedy, J.
The defendant here having endorsed the note in question, for the accommodation of the drawer, and therefore being regarded as a surety merely, it is admitted that if further time was given, when it fell due, by the holder to the drawer, for the payment thereof, the defendant is thereby discharged. And the only- question to be decided is, whether from the facts set forth by the defendant in his special plea, to which the_plaintiff has demurred, the law will imply an agreement made on the third of May, the day the note became payable, by the…
2Cases cited2 opinions
- Bacon v. PageSupreme Court of Connecticut · 1815
- Herrick v. BennettNew York Supreme Court · 1811
3Cited by14 opinions
- Smith v. SheldenMichigan Supreme Court · 1876
- United States v. American Bonding & Trust Co. of Baltimore CityCourt of Appeals for the Fourth Circuit · 1898
- Moore v. SmallSupreme Court of Pennsylvania · 1852
- Paine v. VoorheesWisconsin Supreme Court · 1870
- Shaw & Leigh v. First Associated Reformed Presbyterian ChurchSupreme Court of Pennsylvania · 1861
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