Legal Opinion

Ward v. Tyler

Supreme Court of Pennsylvania

Decided October 17, 1866PublishedCited by 3 opinions

Error to tbe Court of Common Pleas of Bradford county. This was an action of debt, commenced January 3d 1863, by Wellington H. Tyler against Michael Meylert and Christopher L. Ward. Ward alone was summoned, and Tyler having died, George D. Montayne, his administrator, was substituted.

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Error to tbe Court of Common Pleas of Bradford county. This was an action of debt, commenced January 3d 1863, by Wellington H. Tyler against Michael Meylert and Christopher L. Ward. Ward alone was summoned, and Tyler having died, George D. Montayne, his administrator, was substituted. The action was brought by Tyler as endorsee on the two following notes, which were made by Meylert:— [Ward. v. Tyler.] “ $1108.80. New York, March 6th 1857. “ Four months after date we promise to pay to order of Lackawanna Railroad Company Eleven Hundred and Eight 780°„ Dollars, at Messrs. E. W. Clark, Dodge &…

1Opinion of the Court

The opinion of the court was delivered, October 17th 1866, by

Agnew, J.

Was William Jessup a competent witness? This is the question raised by the 1st and 2d assignments of error. To understand it we must state the facts. Meylert & Ward were sued as drawers of two notes, $1108.80 and $1509.95, to the Lackawanna Railroad Co., endorsed by Jessup to Tyler, and by Tyler to the Pittsfield Bank. Jessup was the endorser also of a draft of the Lackawanna Railroad Co. on Meylert, their treasurer, payable to Tyler, their general agent, subsequently endorsed by Meylert individually to Tyler individually,…

2Cases cited2 opinions

  1. Lenox v. ProutSupreme Court of the United States · 1818
  2. Estate of DavisSupreme Court of Pennsylvania · 1840

3Cited by3 opinions

  1. Farmers Dep. N. Bank v. Penn BankSupreme Court of Pennsylvania · 1889
  2. McKinley v. WainsteinSuperior Court of Pennsylvania · 1923
  3. Loeb v. WeilCourt of Appeals for the Third Circuit · 1913

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