Porter v. Wilson & Kelly
Supreme Court of Pennsylvania
Error to tbe Common Pleas of Dauphin county. This was an action of assumpsit brought by Wilson and Kelly vs. Holland and Porter, on- a promissory note dated 19th May, 1848, signed Holland and Porter, for the payment of $1,479 94 to Wilson and Kelly, at one day after date. The note was signed by Holland with the names of Holland and Porter.' The writ was served on Porter and returned nihil as to Holland.
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Error to tbe Common Pleas of Dauphin county. This was an action of assumpsit brought by Wilson and Kelly vs. Holland and Porter, on- a promissory note dated 19th May, 1848, signed Holland and Porter, for the payment of $1,479 94 to Wilson and Kelly, at one day after date. The note was signed by Holland with the names of Holland and Porter.' The writ was served on Porter and returned nihil as to Holland. The note was given for groceries, &e., purchased by Holland from Wilson and Kelly, in Baltimore, in 1847. The case was tried in March, 1850. ■ The principal questions in the case were: Was…
1Opinion of the Court
The opinion of the court was delivered by
Bogers, J.
This is an action on a promissory note dated the 19th May, 1848, purporting to' be drawn by Holland and Porter, in favor of the plaintiff, Wilson and Kelly, for $1,419 94, payable one day after date. The signature to the note is in the writing of Holland. The writ was served on David B. Porter, returned nihil as to Holland.. The defence was' that there was no partnership, that if there was a partnership it was for coaling purposes alone, and that the note was not given for a partnership debt.
The point to which my attention has been…
2Cases cited4 opinions
- Clark v. SandersonSupreme Court of Pennsylvania · 1810
- Meyer v. BarkerSupreme Court of Pennsylvania · 1814
- Parks v. DunkleSupreme Court of Pennsylvania · 1842
- Lessee of Sweitzer v. MeeseSupreme Court of Pennsylvania · 1814
3Cited by4 opinions
- Laubach v. MeyersSupreme Court of Pennsylvania · 1892
- Berkley v. MaurerSuperior Court of Pennsylvania · 1909
- Anders v. Central RailroadSuperior Court of Pennsylvania · 1902
- Barr v. Glass, Pennsylvania Court of Common Pleas, Lancaster County1922