Piper v. White
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of Qamh'ia county: No. 4, to October and November Term 1865. This was an action of assumpsit, by A. M. & R. White, for the use of Thomas White, against William K. Piper, to December Term 1857, in which the plea was “ non assumpsit and payment with leave, &e.”
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Error to the Court of Common Pleas of Qamh'ia county: No. 4, to October and November Term 1865. This was an action of assumpsit, by A. M. & R. White, for the use of Thomas White, against William K. Piper, to December Term 1857, in which the plea was “ non assumpsit and payment with leave, &e.” The cause of action was a promissory note from defendant to plaintiffs, dated August 8th 1854, payable in ninety days, at the office of Bell, Johnston, Jack & Co., for $2500, endorsed by plaintiffs, and protested for non-payment. On the trial, before Taylor, P. J., the plaintiffs gave the note in…
1Opinion of the Court
The opinion of the court was delivered, November 14th 1867, by
Agnew, J.
The offer of the receipt and books set forth in the 1st assignment of error, was for the purpose of showing that the note in suit had been given for a previous indebtedness; but what bearing this fact had on the recovery of the note, the bill does *94not inform us. It was of no consequence what had been the consideration of the note without an offer of some evidence which would exhibit a defence growing out of the fact that the note had been given for a former debt. As the offer stood before the court it seemed to be…
2Cited by6 opinions
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- Lieb v. PainterSuperior Court of Pennsylvania · 1910
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