Kester v. Stokes
Pennsylvania Court of Common Pleas, Philadelphia County
THE first count in the declaration filed was special, and was in these words : “For that whereas heretofore, to wit on the 24ih day of February, Á. D. 1829, at, &c., he, the said plaintiff, owning and being possessed of three several promissory notes, one for the sum of 16G9 dollars, one other for the sum of 1100 dollars, and one other for the sum of 174 dollars, making in all the sum of 2943 dollars, all in favour of the said defendants, and which said notes had, before…
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THE first count in the declaration filed was special, and was in these words : “For that whereas heretofore, to wit on the 24ih day of February, Á. D. 1829, at, &c., he, the said plaintiff, owning and being possessed of three several promissory notes, one for the sum of 16G9 dollars, one other for the sum of 1100 dollars, and one other for the sum of 174 dollars, making in all the sum of 2943 dollars, all in favour of the said defendants, and which said notes had, before that time, been indorsed by said defendants, and given by said defendants to the said plaintiff, for goods, wares and…
1Opinion of the Court
The opinion of the Court was delivered by
Stroud, J.-
It. is observable that in the first special count of the declaration filed, and in the first and third additional counts, no mention is made of the makers of either of the promissory notes ; and a similar omission exists also in the second and fourth additional counts as to the third note described in these counts ; nor is it stated when or where any of all such notes were made, or at what time they became due. These counts agree with each other, and with the other additional counts, in the several and aggregate amounts of the notes…
2Cases cited4 opinions
- Cassell v. CookeSupreme Court of Pennsylvania · 1822
- Diehl v. M'GlueSupreme Court of Pennsylvania · 1830
- Newlin v. PalmerSupreme Court of Pennsylvania · 1824
- Rodrigue v. CurcierSupreme Court of Pennsylvania · 1826
3Cited by2 opinions
- Bogart v. M'DonaldNew York Supreme Court · 1801
- Heridia v. AyresMassachusetts Supreme Judicial Court · 1832