Gunnis, Barrett & Co. v. Weigley
Supreme Court of Pennsylvania
Error to the Court of Common Pleas, No. 2, of Philadelphia county: Of January Term 1885, No. 50. Assumpsit by Rex Weigley against William R. Gunnis, Charles H. Barrett, Albert L. Smyth, trading as Gunnis, Barrett & Co., on the following promissory note : “ $378 “Trenton, N. J., February 7th, 1884. “Four months after date I promise to pay to the order of myself three hundred seventy-eight dollars, at First National Bank, Trenton, N. J., without defalcation, value received.
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Error to the Court of Common Pleas, No. 2, of Philadelphia county: Of January Term 1885, No. 50. Assumpsit by Rex Weigley against William R. Gunnis, Charles H. Barrett, Albert L. Smyth, trading as Gunnis, Barrett & Co., on the following promissory note : “ $378 “Trenton, N. J., February 7th, 1884. “Four months after date I promise to pay to the order of myself three hundred seventy-eight dollars, at First National Bank, Trenton, N. J., without defalcation, value received. “No. due, June 7 — 10. “(Signed) J. J. Laning, (Indorsed) “ Gunnis, Babbett & Co., “W. W. Weigley, “R. Weigley. The…
1Opinion of the CourtJustice Clark
This writ of error is taken upon a judgment, entered for want of a sufficient affidavit of defence. The suit, upon which the judgment was obtained, was brought by Rex Weigley, against Gunnis, Barrett & Co., upon a promissory note, made by J. J. Lanning, to his own order, and endorsed by Lanning, Gunnis, Barrett & Co., W. W. Weigley, and Rex Weigley in the order named ; the note was dated 7th February, 1884, at four months in the sum of $378.19.
The defendants in the several affidavits filed, original and supplementary, say, in substance, that the note was in the first instance taken by Gunnis,…
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