Cooper v. McClurkan
Supreme Court of Pennsylvania
Error to the District Court of Allegheny county. This was an action of assumpsit by Lewis Cooper v. Samuel McClurkan and George M. Fleming, on a bill of exchange as follows : $149737/100 Pittsburgh, March 31st, 1851. Six months after date pay to the order of ourselves, fourteen hundred and ninety seven 37/100 dollars, for value received, and charge same to acconnt of . Yours, as advised, To Geo. M. Fleming, Piulada.
Read the full summary
Error to the District Court of Allegheny county. This was an action of assumpsit by Lewis Cooper v. Samuel McClurkan and George M. Fleming, on a bill of exchange as follows : $149737/100 Pittsburgh, March 31st, 1851. Six months after date pay to the order of ourselves, fourteen hundred and ninety seven 37/100 dollars, for value received, and charge same to acconnt of . Yours, as advised, To Geo. M. Fleming, Piulada. Samuel MoOlurkast & Co. Service of the writ was made on McClurkan. E. E. I. as to Fleming. The plea was that the defendant, McClurkan, did not draw or endorse the said bill of…
1Opinion of the Court
The opinion of the Court was delivered, October 12, by
Lowrie, J.
McClurkan and Fleming were partners in trade, and Fleming drew a, bill of exchange of the partnership on himself, and negotiated it to the plaintiff, and now, in a suit upon it, McClurkan defends on the ground that it was not a partnership transaction. This appears to be well taken, for the case, without other evidence, stands just as if Fleming had given the endorsement of his partnership on his own note as security for his own debt, which he could not do: 1 State Rep. 417.
The plaintiff says he is a bond fide holder without…
2Cited by2 opinions
- Brown v. PettitSupreme Court of Pennsylvania · 1896
- Odd Fellows Home v. Velenchick Bros.Superior Court of Pennsylvania · 1919