Schoneman v. Fegley
Supreme Court of Pennsylvania
Error to the Common Pleas of Northampton county. This was an action on the case, brought by Sehoneman & Elfelt against Fegley & Goff, to Nov. term, 1843, to recover a balance on book account, May 5, 1841, of $186.95, with interest, against defendants.
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Error to the Common Pleas of Northampton county. This was an action on the case, brought by Sehoneman & Elfelt against Fegley & Goff, to Nov. term, 1843, to recover a balance on book account, May 5, 1841, of $186.95, with interest, against defendants. The case was in this court before, and is reported: see 7 Barr 438. Plaintiffs showed their book of original entries, which, after crediting Fegley & Groff with two notes on other persons, one for $156, and one for $156.38, left a balance of $185.95. Elfelt, one of the plaintiffs, being under examination, said, in relation to a note on J. & Gr.…
1Opinion of the Court
The opinion of the court was delivered by
Bell, J.
— The former investigation of this cause resulted in the application of certain principles, which, in effect reduced the contest to the simple question whether the plaintiffs, as holders of the note endorsed by the defendants, had been so far negligent as to discharge the latter from their original liability ? This was the single ground upon which the ease was made to rest at the second trial. In treating it, the court below, as it appears to us, very fairly instructed the jury in accordance with the prior adjudication here. The duties of…
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