Messmore v. Morrison
Supreme Court of Pennsylvania
Appeal, No. 179, Oct. T., 1895, by-defendant, from judgment of C. P. Greene Co., Jan. T., 1894, No. 128, on verdict for plaintiff. Assumpsit on a promissory note.
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Appeal, No. 179, Oct. T., 1895, by-defendant, from judgment of C. P. Greene Co., Jan. T., 1894, No. 128, on verdict for plaintiff. Assumpsit on a promissory note. Before Mestrezat, J. The plaintiff offered in evidence the note, which was as follows : “ $50000 Uniontown For value received five thousand dollars to pay Amanda Messmore or order five thousand dollars with Interest at the rate of Six per cent without Defalcation or Stay of Execution Witness my hand and Seal this 11th day of September A. D. 1877 “ Witness W. L. Collins Joseph his -4-mark Morrison [Se] ” The defendant objected to the…
1Opinion of the Court
Opinion by
Mr. Justice McCollum,
We think the writing in question fairly includes a promise by the maker of it “ to pay Amanda Messmore or order five thousand dollars with interest at the rate of six per cent without defalcation or stay of execution.” It expressly acknowledges the receipt of a consideration and it is under seal. It is payable forthwith because where no time is named for payment the law so decides. The natural inference from the language of the instrument is that the consideration passed from the payee *304to the maker and that it consisted of a loan of the sum to be paid to her or…
2Cases cited4 opinions
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3Cited by14 opinions
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- Murray v. FrickSupreme Court of Pennsylvania · 1923
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