Montour Iron Co. v. Coleman
Supreme Court of Pennsylvania
Error to the District Court of Philadelphia. Assumpsit. The plaintiff below was G. D. Coleman, and he filed the following, as copies of the instruments on which his suit was brought, and in due course asked for judgment, for want of an affidavit of defence:— Office of the Montour Iron Company, No. 26. Philadelphia, August 1, 1854. Dolls. 4992.00 Four months after date, The Montour Iron Company promise to pay to the order of Thomas Chambers, Pr., four thousand nine hundred…
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Error to the District Court of Philadelphia. Assumpsit. The plaintiff below was G. D. Coleman, and he filed the following, as copies of the instruments on which his suit was brought, and in due course asked for judgment, for want of an affidavit of defence:— Office of the Montour Iron Company, No. 26. Philadelphia, August 1, 1854. Dolls. 4992.00 Four months after date, The Montour Iron Company promise to pay to the order of Thomas Chambers, Pr., four thousand nine hundred and ninety-two T% dollars, without defalcation, value received. Tho. Chambers, Pres’t. Payable at the Girard Bank. Across…
1Opinion of the Court
The opinion of the court was delivered by
Lowrie, J.
The filing of these instruments in this suit, involves the charge that they are the promises of the defendants by their agent, and such would be the allegation of the declaration. Even assuming that primá facie they are the agents, the plaintiff might prove the contrary, 17 Wend. 40; 1 New Jersey 683 ; and must do so in order to succeed, if the defendants deny it in the form required by law. Of the bills, this could not be, if they had been drawn on and accepted by Chambers, without any notice of his representative character. If the suit had…
2Cases cited3 opinions
- Brockway v. AllenNew York Supreme Court · 1837
- Bank of the United States v. ThayerSupreme Court of Pennsylvania · 1841
- Sleeper v. DoughertySupreme Court of Pennsylvania · 1837
3Cited by2 opinions
- Chatham National Bank v. GardnerSuperior Court of Pennsylvania · 1906
- McKaraher v. Dowling, Et UxSuperior Court of Pennsylvania · 1926