Thompson v. McClelland
Supreme Court of Pennsylvania
Error to the District Court of Allegheny county. This was an action of assumpsit brought by William S. Thompson, for the use of James McGuffey against Arthur H. McClelland, to November Term, 1854, on the following due-bill. “ Due William S. Thompson, one hundred and ninety-four T85% dollars. “ Á. H. McClelland. “March 29, 1853.” And assignment on the same, viz.:— “ For value received, I assign the within due-bill, and all moneys due thereon, to James McGuffey.
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Error to the District Court of Allegheny county. This was an action of assumpsit brought by William S. Thompson, for the use of James McGuffey against Arthur H. McClelland, to November Term, 1854, on the following due-bill. “ Due William S. Thompson, one hundred and ninety-four T85% dollars. “ Á. H. McClelland. “March 29, 1853.” And assignment on the same, viz.:— “ For value received, I assign the within due-bill, and all moneys due thereon, to James McGuffey. “ William S. Thompson. « October 31, 1854.” The defendant offered to prove, in substance, that on the 9th July, 1853, he and John…
1Opinion of the Court
*476The opinion of the court was delivered by
Armstrong, J.
The instrument on which this suit was brought, usually called a due-bill, was not payable to order, or bearer, and was not negotiable. The assignment, therefore, to McGuffey, made nineteen months after its date, does not change its character, and the suit is to be regarded in all its relations as between Thompson and McClelland, and without reference to the use man, and subject to every legal set-off which the defendant could have against the plaintiff. The offer disclosed, among other things, that a judgment had been obtained on the 9th…
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