McSparran v. Neeley
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of York county: Of May-Term 1878, No. 78. Assumpsit upon a promissory note by William McSparran, administrator of John G. Williamson, deceased, against Thomas Neeley.
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Error to the Court of Common Pleas of York county: Of May-Term 1878, No. 78. Assumpsit upon a promissory note by William McSparran, administrator of John G. Williamson, deceased, against Thomas Neeley. The declaration filed January 19th 1875, set forth'the plaintiff’s cause of action as founded on a promissory note drawn by said John G. Williamson, deceased, on the 24th of January, 1872, bearing date by mistake, January 24th 1871, for $737.37, to J. L. Lawrence, or order, in ninety days after date, which said note the said deceased, in his lifetime, delivered to said Lawrence who before the…
1Opinion of the CourtJustice Woodward
As between the maker and the payee of the note in controversy, it is not to be doubted that the facts found by the referee would have been amply sufficient to sustain the defence to the plaintiff’s claim. Williamson, the maker, at the time when the note was signed, was in a state of extreme physical and mental weakness, brought on by habits of intemperance. His sight had become *23impaired and his body had been partially paralyzed. The note was written by J. L. Lawrence, in whose favor it was made, and purported on its face to be for the sum of $737.37. The amount really due from Williamson was…
2Cases cited2 opinions
- Beltzhoover v. BlackstockSupreme Court of Pennsylvania · 1834
- Bowman v. Cecil BankSupreme Court of Pennsylvania · 1859
3Cited by3 opinions
- Second National Bank v. MorganSupreme Court of Pennsylvania · 1895
- Lancaster County National Bank v. GarberSupreme Court of Pennsylvania · 1896
- Detroit Savings Bank v. TowersSuperior Court of Pennsylvania · 1910