Baird indorsee of M'Donnell v. Cochran & Dowling
Supreme Court of Pennsylvania
In Error. THIS suit was brought in the Court of Common Pleas of Allegheny county, by the plaintiff in error, as the indorsee of a promissory note drawn by Dowling, in the name of the firm of Cochran and Dowling, payable at sixty days, without defalcation, to John M1,Donnell or order, by whom it was indorsed in blank. The process was served on Cochran alone, Dowling having left the county before it was issued.
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In Error. THIS suit was brought in the Court of Common Pleas of Allegheny county, by the plaintiff in error, as the indorsee of a promissory note drawn by Dowling, in the name of the firm of Cochran and Dowling, payable at sixty days, without defalcation, to John M1,Donnell or order, by whom it was indorsed in blank. The process was served on Cochran alone, Dowling having left the county before it was issued. The hand-writing of Dowlinsr the drawer, and of 0 0 7 MiDonnell the indorser, were proved, and the partnership ot Cochran and Dowling admitted by the defendant, who Pr°duced the articles…
1Opinion of the Court
The opinion of the Court was delivered by
Tilghman C. J.
On the trial of this cause, the plaintiff having proved the execution of the promissory note on which his action was founded, and the hand-writing of M1-Donnell, the payee, by whom it was indorsed, the defendant offered *399the said M‘Donnell as a witness to prove, that the consideration of the note was a private debt due to the said MiDonnell from Richard K. Dowling one of the defendants, who had signed the note with the name of the firm of Cochran and Dowling. The plaintiff objected to the competency of the witness, but the Court admitted…
2Cases cited1 opinion
- Baring v. ShippenSupreme Court of Pennsylvania · 1809
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