Legal Opinion

Jenks v. Doylestown Bank

Supreme Court of Pennsylvania

Decided December 15, 1842PublishedCited by 4 opinions

THIS was a writ of error to the Court of Common Pleas of Bucks county. It was assumpsit brought by the Doylestown Bank of Bucks county against Phineas Jenks, on a promissory note, dated 2d of October 1837, drawn by Chapman Buckman to the order of Phineas Jenks, and by him endorsed, for the payment of $250 in 60 days after date, at the Doylestown Bank of Bucks county.

Read the full summary

THIS was a writ of error to the Court of Common Pleas of Bucks county. It was assumpsit brought by the Doylestown Bank of Bucks county against Phineas Jenks, on a promissory note, dated 2d of October 1837, drawn by Chapman Buckman to the order of Phineas Jenks, and by him endorsed, for the payment of $250 in 60 days after date, at the Doylestown Bank of Bucks county. The plaintiff read in evidence the note, and then offered a protest thereof, dated 4th of December 18.37, made by M. H. Snyder, notary public, certified under his seal, (being a stamp instead of a seal); to which the defendant…

1Opinion of the Court

The opinion of the Court was delivered by

Sergeant, J.

— The Act of 2d of January 1815, authorizes the protest of a notary to be read and received in evidence of facts therein certified, provided that any party may be admitted to con-i tradict by other evidence such attestation. In Stewart v. Allison (6 Serg. & Rawle 324) and Browne v. The Philadelphia Bank (6 Serg. & Rawle 484), the effect of this enactment came under the consideration of this Court, and the principle was there settled that the notary’s protest of a promissory note was prima facie evidence of the facts contained in it, and…

2Cases cited3 opinions

  1. Stewart v. AllisonSupreme Court of Pennsylvania · 1821
  2. Rahm v. Philadelphia BankSupreme Court of Pennsylvania · 1829
  3. Browne v. Philadelphia BankSupreme Court of Pennsylvania · 1821

3Cited by4 opinions

  1. Zollner v. MoffittSupreme Court of Pennsylvania · 1909
  2. Hallowell & Co. v. CurrySupreme Court of Pennsylvania · 1862
  3. National Bank v. BryantCourt of Appeals of Kentucky · 1876
  4. Sharpe v. DrewIndiana Supreme Court · 1857

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API