McCulloch v. McKee
Supreme Court of Pennsylvania
Error, to the Common Pleas of Cumberland county. This was an action of debt, commenced before a justice of the peace, and brought by the defendant, David J. McKee, into the Common Pleas by appeal.
Read the full summary
Error, to the Common Pleas of Cumberland county. This was an action of debt, commenced before a justice of the peace, and brought by the defendant, David J. McKee, into the Common Pleas by appeal. The action was commenced by David W. McCulloch, for use of James H. Spriggs, against David J. McKee, to recover the amount of a sealed note, bearing date the 27th day of March 1844, signed and sealed by David J. McKee, the defendant, for the sum of $53.28, payable ten days after date, with interest, to David W. McCulloch or order. The plaintiff filed his statement in the Common Pleas, setting forth…
1Opinion of the Court
The opinion of the court was delivered June 12, by
Chambers, J.
On the trial of this cause, the defendant offered to prove that the single bill of defendant given in evidence was in consideration of the indebtedness of the defendant- to Lewis Carpenter, and that it was given under an arrangement between McCulloch and the defendant, that McCulloch would pay the money for the defendant to Carpenter; but that he never paid said money, by which the consideration of the note failed. This was objected to, and the objection overruled — evidence admitted, and exception taken, which is now assigned for…
2Cases cited2 opinions
- Baring v. ShippenSupreme Court of Pennsylvania · 1809
- Hays & Wick v. LynnSupreme Court of Pennsylvania · 1838
3Cited by6 opinions
- Fifth N. Bank v. AshworthSupreme Court of Pennsylvania · 1889
- Paul v. GrimmSupreme Court of Pennsylvania · 1895
- Baldwin v. TuckerCourt of Appeals of Kentucky · 1901
- Farmers' & Mechanics' National Bank v. CuylerSuperior Court of Pennsylvania · 1901
- Atherholt v. HughesSupreme Court of Pennsylvania · 1904
1 more not listed; retrieve them via the Exa API.