Hutchinson v. Boggs & Kirk
Supreme Court of Pennsylvania
Error to the District Court of Philadelphia. This was an action of assumpsit by Boggs & Kirk against Charles Hutchinson, on the following promissory note, given by the defendant to Robert Comly. $841.61. Philadelphia, January 13,1855. Four months after date I promise to pay to the order of myself, eight hundred and forty-one 61-100 dollars, without defalcation. Yalue received. Signed, Charles Hutchinson. Endorsed, Charles Hutchinson. Boaas & Kirk.
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Error to the District Court of Philadelphia. This was an action of assumpsit by Boggs & Kirk against Charles Hutchinson, on the following promissory note, given by the defendant to Robert Comly. $841.61. Philadelphia, January 13,1855. Four months after date I promise to pay to the order of myself, eight hundred and forty-one 61-100 dollars, without defalcation. Yalue received. Signed, Charles Hutchinson. Endorsed, Charles Hutchinson. Boaas & Kirk. The suit was brought, and a bopy of the note filed on the 22d May, 1855, and on the 18th June, 1855, Hutchinson filed the following affidavit of…
1Opinion of the Court
The opinion of the court was delivered by
Lewis, C. J.
In a suit by an endorsee of a negotiable note against the maker, the presumption is that the plaintiff obtained it upon a valuable consideration in the usual course of business, before it was due: Snyder v. Riley, 6 Barr 168. He may rest on this presumption until the defendant makes out a prima facie case against him by showing that the note'was obtained from the defendant, or from some intermediate party, by fraud, felony, or force, or that it was lost: Knight v. Pugh, 4 W. & S. 445. But mere evidence of the want of consideration between…
2Cases cited3 opinions
- Beltzhoover v. BlackstockSupreme Court of Pennsylvania · 1834
- Knight v. PughSupreme Court of Pennsylvania · 1842
- Stitt v. GarrettSupreme Court of Pennsylvania · 1838
3Cited by4 opinions
- Second National Bank v. MorganSupreme Court of Pennsylvania · 1895
- Camden National Bank v. Fries-Breslin Co.Supreme Court of Pennsylvania · 1906
- Real Estate Investment Co. v. RusselSupreme Court of Pennsylvania · 1892
- Eliel v. ChamberlainSuperior Court of Pennsylvania · 1912