Small v. Jones
Supreme Court of Pennsylvania
ERROR to the common pleas of Dauphin county. A. J. Jones and John Cameron against Peter A. Small and Samuel Small, surviving partners of Smalls & Co. This suit was brought to recover 165 dollars, the balance of a sum of 200 dollars, alleged to have been lent by plaintiffs to the. firm of Smalls & Co., composed of defendants and John Small, deceased.
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ERROR to the common pleas of Dauphin county. A. J. Jones and John Cameron against Peter A. Small and Samuel Small, surviving partners of Smalls & Co. This suit was brought to recover 165 dollars, the balance of a sum of 200 dollars, alleged to have been lent by plaintiffs to the. firm of Smalls & Co., composed of defendants and John Small, deceased. The business of that firm was conducted by John Small, under the name of Smalls & Co. John Small, some time before February 1836, sent his clerk, Seibert, to plaintiffs to borrow 200 dollars. The money was obtained; whether John Small sent with…
1Opinion of the Court
The opinion of the Court was delivered by
Sergeant, J.
There is one portion of this charge in which the court below erred, and that is, in instructing the jury that there was no validity in the objection that the plaintiff could not recover, because he did not take up the note until after the commencement of this suit. If a person lend money and take a note, payable at a future day, in payment of it, and then parts with the note for a valuable consideration, he can not sue, either on the note or on the original cause of action, till he has taken up the note. If he could, the debtor might be…
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