Slack v. Kirk
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of Chester county: To January Term 1871, No. 24. ■ This was an action of assumpsit by James S. Kirk against Timothy Slack, to recover the sum of $310.20, the amount paid by the plaintiff to the National Bank of Oxford, on a note drawn by Thomas & J. P. Scott and endorsed by the plaintiff and defendant. The plaintiff gave in evidence the note and its endorsements as follows and rested.
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Error to the Court of Common Pleas of Chester county: To January Term 1871, No. 24. ■ This was an action of assumpsit by James S. Kirk against Timothy Slack, to recover the sum of $310.20, the amount paid by the plaintiff to the National Bank of Oxford, on a note drawn by Thomas & J. P. Scott and endorsed by the plaintiff and defendant. The plaintiff gave in evidence the note and its endorsements as follows and rested. “ Oxford, October 1st 1868. “ Sixty days after date, we promise to pay to the order of Timothy Slack, at the National Bank of Oxford, one thousand dollars, without defalcation,…
1Opinion of the Court
The opinion of the court was delivered,
by Agnew, J.
As between the parties to the action, this case does not fall within the Statute of Frauds of 26th April 1855, requiring a writing to be signed by the party to be charged in order to make him answerable for the debt or default of another. The note upon which this question arises was drawn by T. and J. P. Scott, to the order of Timothy Slack, and endorsed by. James S. Kirk, first in the order of position on the hack of the note, and next by Slack, the payee. The note was discounted by the National Bank of Oxford for the benefit of the drawers,…
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