Legal Opinion

Leidy v. Tammany

Supreme Court of Pennsylvania

Decided May 15, 1840PublishedCited by 11 opinions

ERROR to the common pleas of Centre county. This was an action of assumpsit by George Leidy, endorsee of' J. M. Benner and Philip Benner, who were endorsees of Miles & Kephart against Henry F. Tammany, founded upon the following note: $600 Ten days after date I promise to pay H. F. Tammany, six hundred dollars, for value received. Miles & Kephart. May 31, 1835. Pr. Wjt. W. Miles.

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ERROR to the common pleas of Centre county. This was an action of assumpsit by George Leidy, endorsee of' J. M. Benner and Philip Benner, who were endorsees of Miles & Kephart against Henry F. Tammany, founded upon the following note: $600 Ten days after date I promise to pay H. F. Tammany, six hundred dollars, for value received. Miles & Kephart. May 31, 1835. Pr. Wjt. W. Miles. After this note became due and remained unpaid, an interview took place between Leidy, Benner and Tammany, in which Tammany proposed to give the note to Leidy; and, to induce him to take it, wrote his name upon it.…

1Opinion of the Court

The opinion of the court was delivered by

Kennedy, J.

This action was brought in the common pleas of Centre county, by George Leidy, as the endorsee of a promissory note, against Henry F. Tammany, the payee and endorser of it. The note was dated on the 31st of May 1835, and drawn by Miles & •Kephart, for six hundred dollars, payable, ten days after its date, to Tammany for value received, without any words of negotiability *355being inserted in it. The plaintiff filed a declaration, containing five counts; the first two against the defendant as endorser of the note: the first count alleging that…

2Cases cited8 opinions

  1. Jones v. FalesMassachusetts Supreme Judicial Court · 1808
  2. Leonard v. MasonNew York Supreme Court · 1828
  3. Aldis v. JohnsonSupreme Court of Vermont · 1828
  4. Collet v. ColletSupreme Court of the United States · 1792
  5. Downing v. BackenstoesNew York Supreme Court · 1805

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3Cited by11 opinions

  1. Ellis v. BrownNew York Supreme Court · 1849
  2. First National Bank v. FalkenhanCalifornia Supreme Court · 1892
  3. Powers v. MorrisonTexas Supreme Court · 1895
  4. Brenzer v. WightmanSupreme Court of Pennsylvania · 1844
  5. De Hass v. DibertCourt of Appeals for the Third Circuit · 1895

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