Stewart v. United States Insurance
Supreme Court of Pennsylvania
• ERROR to the district court of Allegheny county. ' James Harwood, John B. Howell and Walter Fernandez, receivers of the United States Insurance Company of Baltimore against William Stewart.
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• ERROR to the district court of Allegheny county. ' James Harwood, John B. Howell and Walter Fernandez, receivers of the United States Insurance Company of Baltimore against William Stewart. This was an action on the case in assumpsit founded upon a note of the defendant, William Stewart, to Robert Stewart, dated the 30th of December 1833, at six months, for 5144 dollars 17 cents, and which was endorsed by Robert Stewart, Sylvanus Lothrop, D. C. Stockton & Co., and W. H. Freeman President. Pleas non assumpsit, payment and set-off. Replications and issues. The facts of the case were that D.…
1Opinion of the Court
The opinion of the court was delivered by
Kennedy, J.
Upon examination of the record in this case, and the exceptions taken by the counsel for the plaintiff in error, we are unable to perceive any error in it; or that the learned judge of the district court committed any on the trial of the cause; unless it was in leaving it as a question of fact to the jury, to decide that the note in suit was not taken and received by the United States Insurance Company in the usual course of business; and if so, that they were not, therefore, to be regarded as bona fide holders of it; but as having taken it…
2Cited by4 opinions
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- Green v. Ashland Iron Co.Supreme Court of Pennsylvania · 1869
- Groff v. Ressler's AdministratorSupreme Court of Pennsylvania · 1856
- Stephens v. Gilberton Coal Co., Pennsylvania Court of Common Pleas, Schuylkill County1873