Legal Opinion

Smith v. Thorne

Supreme Court of Pennsylvania

Decided September 15, 1839PublishedCited by 4 opinions

ERROR to the common pleas of Allegheny county. Richard Y. Thorne & Co. against Frederick R. Smith. This was an action founded upon a bill of exchange drawn by George R. Smith upon Frederick R. Smith, and by. him endorsed and held by the plaintiffs.

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ERROR to the common pleas of Allegheny county. Richard Y. Thorne & Co. against Frederick R. Smith. This was an action founded upon a bill of exchange drawn by George R. Smith upon Frederick R. Smith, and by. him endorsed and held by the plaintiffs. The facts appeared to be that George R. Smith the drawer was indebted to the plaintiffs 2000 dollars on the 25th of August 1836: that on that day the plaintiffs received in payment of that debt two notes, one of John W: Wyman at sixty days for 1068 dollars 80 cents, protested when due, and another of C. F. Catlin, dated the 1st of August at six…

1Opinion of the Court

The opinion of the court was delivered by

Sergeant, J.

R. George Smith is interested in the event of this *145suit, and is not a competent witness for the defendant: he is called to prove that the bill was drawn for his accommodation. If so he does not stand indifferent; for though he might be liable on the bill either to the defendant if the plaintiff recovers, or to the plaintiff, yet he is liable to the defendant for the costs of this suit if the plaintiff recovers, which he would escape if the defendant succeeds. Bank of Montgomery v. Walker, 9 Serg. & Rawle 229; Hubbly v. Brown, 16 Johns. 69.…

2Cases cited1 opinion

  1. Bank of Montgomery County v. WalkerSupreme Court of Pennsylvania · 1823

3Cited by4 opinions

  1. Marshall v. Franklin Bank of WashingtonSupreme Court of Pennsylvania · 1855
  2. Davenport v. FreemanSupreme Court of Pennsylvania · 1842
  3. Commonwealth v. McKee'sSupreme Court of Pennsylvania · 1853
  4. Dennistoun v. FlemingSupreme Court of Pennsylvania · 1848

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