Legal Opinion

Moeck v. Littell

Supreme Court of Pennsylvania

Decided October 30, 1876PublishedCited by 4 opinions

Error to the Court of Common Pleas, No. 2, of Allegheny county: Of October and November Term 1876, No. 3. This was an action of assumpsit brought by James Littell against Jacob Moeck, Sr., one of the endorsers on a promissory note, dated January 4th 1875, for $700 made by Jacob Moeck, Jr., to the order of John Rowley, payable at six months, and endorsed by John Rowley, Conrad Moeck, Jacob Moeck and James Littell, and which was protested for non-payment July 7th 1875. Peter…

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Error to the Court of Common Pleas, No. 2, of Allegheny county: Of October and November Term 1876, No. 3. This was an action of assumpsit brought by James Littell against Jacob Moeck, Sr., one of the endorsers on a promissory note, dated January 4th 1875, for $700 made by Jacob Moeck, Jr., to the order of John Rowley, payable at six months, and endorsed by John Rowley, Conrad Moeck, Jacob Moeck and James Littell, and which was protested for non-payment July 7th 1875. Peter Moeck for Jacob Moeck, Sr., filed the following affidavit of defence:— “ Affiant purchased from John Rowley the lease of…

1Opinion of the CourtJustice Mercur

In this case the court below ordered judgment to be entered for want of a sufficient affidavit of defence. The action was against the endorser of a promissory note. The affidavit averred that he endorsed it at the request, and for'the accommodation of Peter Moeck; that the latter delivered it to one John Bowley, in part payment, in the purchase of the lease of a tavern, and a large quantity of personal property thereon. It further asserted the worthlessness of the tavern, and the non-delivery of the most valuable portion of the personal property, and a failure of consideration to the full…

2Cited by4 opinions

  1. Kohn v. HornungSuperior Court of Pennsylvania · 1913
  2. Delaware Manufacturing Investment Co. v. Summons Finance Corp.Superior Court of Delaware · 1928
  3. Friel v. CusterSuperior Court of Pennsylvania · 1903
  4. Yearsley v. GlaserSuperior Court of Pennsylvania · 1906

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