Heist v. Hart
Supreme Court of Pennsylvania
Error to the. Court of Common Pleas of Bucks county: No. 220, to January Term 1873. This was an action of assumpsit brought August 16th 1871, by Josiah Hart, survivor of the firm of J. Hart & Co., against Allen H. Heist and Thomas H. Heist, trading as Allen H. Heist & Co. The cause of action was the following note: “$2000. Philadelphia, October 19th 1870. Seven months after date we promise to pay, to the order of ourselves, Two Thousand Dollars, without defalcation, for…
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Error to the. Court of Common Pleas of Bucks county: No. 220, to January Term 1873. This was an action of assumpsit brought August 16th 1871, by Josiah Hart, survivor of the firm of J. Hart & Co., against Allen H. Heist and Thomas H. Heist, trading as Allen H. Heist & Co. The cause of action was the following note: “$2000. Philadelphia, October 19th 1870. Seven months after date we promise to pay, to the order of ourselves, Two Thousand Dollars, without defalcation, for value received. Allen H. Heist & Co.” Endorsed ‘ Allen H. Heist & Co., P. Hevner.’ The case was tried, December 11th 1872,…
1Opinion of the Court
The opinion of the court was delivered, March 10th 1873, by
Sharswood, J.
The question raised by the first assignment of error, is whether there was sufficient evidence to submit to the jury, that the plaintiff below, the endorsee of the note in suit, before he took it, had notice of the fraud in the sale of the patent right which formed its consideration. It is not pretended that distinct notice of the fraud was given to him, or even that the Heists gave him notice generally, that they had been defrauded. Unaccompanied with any allegation, that there was a representation or warranty at the…
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