Legal Opinion

Brown v. Clark

Supreme Court of Pennsylvania

Decided December 15, 1850PublishedCited by 9 opinions

This ease was from the Nisi Prius, Philadelphia. It was an action brought by John J. Brown, as endorsee of Stephen Cummings, against Enoch W. Clark, as one of the firm of Mudge & Clark, upon a promissory note, of which the following is a copy: The date of the note in question, is October 24, 1886, at six months, and is in the following words and figures:— “ $1500. Portland, October 24,1836. Six months from date, we promise to pay Stephen Cummings, or order, fifteen hundred…

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This ease was from the Nisi Prius, Philadelphia. It was an action brought by John J. Brown, as endorsee of Stephen Cummings, against Enoch W. Clark, as one of the firm of Mudge & Clark, upon a promissory note, of which the following is a copy: The date of the note in question, is October 24, 1886, at six months, and is in the following words and figures:— “ $1500. Portland, October 24,1836. Six months from date, we promise to pay Stephen Cummings, or order, fifteen hundred dollars, value received. Signed, Mudge & Clark.” (Endorsed, Stephen Cummings.) It was alleged, on part of defendant, that…

1Opinion of the Court

The opinion of the court was delivered by

Bell, J.

— The note here in suit was made bn the 10th of October, 1836. But it was a continuation, by way of renewal, of a series of notes, first discounted by the Exchange Bank of Portland, on the 10th of May, 1834. Under the evidence, it is not to be doubted these renewals were effected by Mudge, as liquidating *475partner of the firm of Mudge & Clarke, and which, according to Davis and Dusaque, 5 Whar. 534; Houser v. Irvine, 3 W. & Ser. 347, and kindred cases, bound his former associates, provided the first note of the series was properly made in the…

2Cases cited2 opinions

  1. Gage v. KendallNew York Supreme Court · 1836
  2. Watkinson v. Bank of PennsylvaniaSupreme Court of Pennsylvania · 1839

3Cited by9 opinions

  1. Farmers Dep. N. Bank v. Penn BankSupreme Court of Pennsylvania · 1889
  2. McNary v. Farmers' Nat. BankSupreme Court of Oklahoma · 1912
  3. Gamel v. HyndsSupreme Court of Oklahoma · 1912
  4. Fidelity Title & Trust Co. v. First National BankSupreme Court of Pennsylvania · 1923
  5. McKinley v. WainsteinSuperior Court of Pennsylvania · 1923

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