Legal Opinion

Patterson v. Poindexter

Supreme Court of Pennsylvania

Decided December 15, 1843PublishedCited by 20 opinions

THESE were writs of error to the District Court for the city and county of Philadelphia. The first was an action brought by John J. Poindexter against Robert Patterson & William C. Patterson, trading as R. Patterson & Co., on the following instrument, a copy of which was filed : No. 716. Mississippi Union Bank', Jackson, Miss., July 2,1839. I hereby certify that C. S. Tarply has deposited in this bank, payable twelve months from 1st May 1839, with five per cent, interest…

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THESE were writs of error to the District Court for the city and county of Philadelphia. The first was an action brought by John J. Poindexter against Robert Patterson & William C. Patterson, trading as R. Patterson & Co., on the following instrument, a copy of which was filed : No. 716. Mississippi Union Bank', Jackson, Miss., July 2,1839. I hereby certify that C. S. Tarply has deposited in this bank, payable twelve months from 1st May 1839, with five per cent, interest till due, per annum, three thousand six hundred and ninety-one dollars and sixty-three cents, for the use of R. Patterson &…

1Opinion of the Court

The opinion of the Court was delivered by

Gibson, C. J.

The application of a few. plain principles will determine the character of the paper before us. In the first place, nothing is a promissory note in which the promise to pay is merely inferential; or, as Mr Justice Bosanquet expressed it in Horne v. Redfearn, (6 Scott 267), in which there is “ no more than a simple acknowledgment of the debt, with such a promise to pay as the *232law will imply.” What more have we in the paper before us ? “I hereby certify that C. S. Tarply has deposited in this bank, payable 12 mo’s from 1st May 1839, with…

2Cases cited1 opinion

  1. Frevall v. FitchSupreme Court of Pennsylvania · 1840

3Cited by20 opinions

  1. Henry Miller, in Error v. David Austen, William S. Wilmerding, and David Austen, Jr.Supreme Court of the United States · 1852
  2. Mereness v. First National BankSupreme Court of Iowa · 1900
  3. First National Bank v. FalkenhanCalifornia Supreme Court · 1892
  4. Frank v. . WesselsNew York Court of Appeals · 1876
  5. Gloucester Mutual Fishing Insurance v. BoyerMassachusetts Supreme Judicial Court · 1936

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