Sankey v. McElevey
Supreme Court of Pennsylvania
Error to tbe Court of Common Pleas of Lawrence county: Of October and November Term 1883, No. 150. Assumpsit, by John McElevey, Administrator of Robert McElevey, deceased, against David Sankey, to recover tbe amount of a promissory note given by said Sankey to Robert McElevey on April 15tb 1848, for $1545, with interest thereon. Pleas, non assumpsit, payment with leave, etc., and tbe statuté of limitations.
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Error to tbe Court of Common Pleas of Lawrence county: Of October and November Term 1883, No. 150. Assumpsit, by John McElevey, Administrator of Robert McElevey, deceased, against David Sankey, to recover tbe amount of a promissory note given by said Sankey to Robert McElevey on April 15tb 1848, for $1545, with interest thereon. Pleas, non assumpsit, payment with leave, etc., and tbe statuté of limitations. On tbe trial, tbe following facts appeared: On April 15th 1845, David Sankey gave tbe note in question to Robert Mc-Elevey to secure tbe payment of a loan made to him by said McElevey. Tbe…
1Opinion of the CourtJustice Green
This action was brought in 1882 upon a note given on April 15th 1848, thirty-four years after the cause of action accrued. To the plea of the statute of limitation it was replied that the defendant had been guilty of such fraud as to prevent its operation as a bar. The alleged fraud consisted in withholding full *270information as to the true amount of the debt. The payee of the note, E. W. McElevey died in 1849. Administration upon his estate was granted on August 22nd 1849 to his brother John McElevey, the present plaintiff. On June 25th 1850, David Sankey, the defendant, executed and delivered…
2Cases cited2 opinions
- Troup v. Executors of SmithNew York Supreme Court · 1822
- Allen v. MilleNew York Supreme Court · 1837
3Cited by12 opinions
- Deemer v. Weaver, Exrx.Supreme Court of Pennsylvania · 1936
- Smith v. BlachleySupreme Court of Pennsylvania · 1901
- Scranton Gas & Water Co. v. Lackawanna Iron & Coal Co.Supreme Court of Pennsylvania · 1895
- Pennsylvania Co. for Ins. v. Ninth Bk. T. Co.Supreme Court of Pennsylvania · 1931
- Kemp v. Bowen (In Re Visiting Nurse Ass'n of Western Pennsylvania)District Court, W.D. Pennsylvania · 1992
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