Gray v. Donahoe
Supreme Court of Pennsylvania
ERROR to the district court of Alleghany county. This was an action of assumpsit by the administratrix of John Donahoe u. James Gray. Upon the plea of set of?) the defendant gave in evidence a note in the following words : “Pittsburgh, April 1st, 1816. On the 1st of May 1819,1 promise to pay John Donahoe or order 50 dollars, in current bank notes, without defalcation, for value received.” Signed “T. Connor.
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ERROR to the district court of Alleghany county. This was an action of assumpsit by the administratrix of John Donahoe u. James Gray. Upon the plea of set of?) the defendant gave in evidence a note in the following words : “Pittsburgh, April 1st, 1816. On the 1st of May 1819,1 promise to pay John Donahoe or order 50 dollars, in current bank notes, without defalcation, for value received.” Signed “T. Connor. Indorsed “John Donahoe” —together with a regular protest for non payment, and notice. In answer to a point put by defendant’s counsel, the court below (Grier, president) instructed the…
1Opinion of the Court
The opinion of the Court was delivered by
Sergeant, J.
—One essential quality of a negotiable note is, that it be for the payment of money. If it be for the payment or delivery . of any other kind of property, however valuable, it stands on the footing of an ordinary contract, not possessing the characteristics of a negotiable instrument, and therefore incapable of transfer by blank indorsement, so as to render the maker or indorser liable to the holder. The question therefore is, whether a promissory note payable “ in current bank notes,” is to be considered as a note for the payment of money.…
2Cases cited1 opinion
- M'Cormick v. TrotterSupreme Court of Pennsylvania · 1823
3Cited by5 opinions
- De Hass v. RobertsU.S. Circuit Court for the District of Western Pennsylvania · 1894
- Wright v. Hart's AdministratorSupreme Court of Pennsylvania · 1863
- De Hass v. DibertCourt of Appeals for the Third Circuit · 1895
- Butler v. PaineSupreme Court of Minnesota · 1863
- Elkinton v. FennimoreSupreme Court of Pennsylvania · 1850