Rick v. Kelly
Supreme Court of Pennsylvania
Error to the Common Pleas of Berks county. These were actions of assumpsit, the first by John H. Kelly against Charles Rick, on two promissory notes made by George Fox, and purporting to be endorsed by Abraham Herbein; and the second by Jeremiah Fisher against the same defendant, on a note made by George Fox, and purporting to be endorsed by Abraham Herbein and Jacob Rahn. . These notes tvere purchased by the plaintiff from the defendant, without his endorsement; and the…
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Error to the Common Pleas of Berks county. These were actions of assumpsit, the first by John H. Kelly against Charles Rick, on two promissory notes made by George Fox, and purporting to be endorsed by Abraham Herbein; and the second by Jeremiah Fisher against the same defendant, on a note made by George Fox, and purporting to be endorsed by Abraham Herbein and Jacob Rahn. . These notes tvere purchased by the plaintiff from the defendant, without his endorsement; and the endorsements of Herbein and Rahn having been forged, they brought these actions to recover back the consideration paid for…
1Opinion of the Court
The opinion of the court was delivered by
Porter, J.
— There was nothing to prevent the supposed endorsers from testifying as witnesses. They were not parties to the spurious instruments in-fact or law. Ho proceeding to recover the money could have hurt them, and no judgments in these actions could have increased or diminished their liability, for it *529had no existence. They had notseome within the artificial rule originated in the old case of Walton v. Shelley, which prevents a party from impeaching a note who has given it currency by the sanction of his name, for they were total strangers to…
2Cases cited3 opinions
- President of the Bank of the United States v. President of the Bank of GeorgiaSupreme Court of the United States · 1825
- President of the Gloucester Bank v. President of the Salem BankMassachusetts Supreme Judicial Court · 1820
- Respublica v. SergeantSupreme Court of Pennsylvania · 1803
3Cited by6 opinions
- McNeely Co. v. Bank of North AmericaSupreme Court of Pennsylvania · 1908
- Interstate Hosiery Mills, Inc. v. First National BankSuperior Court of Pennsylvania · 1939
- First National Bank v. Carroll TownshipSuperior Court of Pennsylvania · 1942
- Showers v. Merchants National BankSupreme Court of Pennsylvania · 1928
- Johnson v. First National BankSupreme Court of Pennsylvania · 1951
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