Alexander v. Alexander
Supreme Court of Pennsylvania
Error to Common Pleas of Mifflin county. May 25. This action was brought by Silas Alexander and Cyrus Alexander, for the use of Cyrus Alexander, the plaintiffs in error, against James Alexander, to recover money paid by the plaintiffs, for the use of the defendant.
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Error to Common Pleas of Mifflin county. May 25. This action was brought by Silas Alexander and Cyrus Alexander, for the use of Cyrus Alexander, the plaintiffs in error, against James Alexander, to recover money paid by the plaintiffs, for the use of the defendant. It appeared that Silas, Cyrus and Joseph Alexander were the drawers of a note, payable to the order of James Alexander, at the Lewistown Bank, which was regularly discounted, and the proceeds paid to the said James, the payee, who was also one of the endorsers of the said note. The note was not paid at maturity, when it was…
1Opinion of the CourtBurnside, J.
Silas, Cyrus, and Joseph Alexander were the drawers of a note payable at the Lewistown Bank, to the order of James Alexander, who endorsed it. The note was discounted, and the proceeds paid to James Alexander. All this was in the usual course of business. It was not paid at maturity, was protested, the drawers sued, and judgment obtained against them. Cyrus Alexander paid the bank, and obtained an assignment of the judgment. Cyrus and Silas were partners, and they brought this action against James Alexander, the payee of the note, and offered Joseph, their co-drawer, to prove that the…
2Cases cited3 opinions
- Bank of Montgomery County v. WalkerSupreme Court of Pennsylvania · 1823
- Stille v. LynchSupreme Court of the United States · 1792
- Heckert v. FegelySupreme Court of Pennsylvania · 1843