Brown v. Clark
Supreme Court of Pennsylvania
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…
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