Moore v. Somerset
Supreme Court of Pennsylvania
ERROR to the District Court for the city and county of Philadelphia, in which Somerset brought suit against Mordecai Moore on the following note, a copy of which was filed: ^ Philadelphia, April 12, 1841. One year after date I promise to pay M. Moore, Jun. or order three hundred and thirty-six dollars, for value received. (Signed) Jacob Keck. (Endorsed) Mord. Moore, Jun.
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ERROR to the District Court for the city and county of Philadelphia, in which Somerset brought suit against Mordecai Moore on the following note, a copy of which was filed: ^ Philadelphia, April 12, 1841. One year after date I promise to pay M. Moore, Jun. or order three hundred and thirty-six dollars, for value received. (Signed) Jacob Keck. (Endorsed) Mord. Moore, Jun. The defendant filed the following affidavit of defence : Mordecai Moore, Jun., the above defendant, being duly affirmed according to law, affirmeth and saith that the note in question on which this suit is brought, fell due…
1Per curiam
This affidavit contains an assertion of every fact necessary to constitute a defence, but one. The note in suit fell due on a Friday, and notice of non-payment was not received, certainly, till the Monday following; which would be too late, if the parties lived in the same towm. But the defendant has not sworn to the residence of the drawer; and as demand of payment was to be made there, it may have been a place so remote, that notice could not be sent from it to the endorser so as to reach him in less than the time sworn to, by the regular operations of the mail. But the defendant may have…
2Cited by2 opinions
- McConeghy v. KirkSupreme Court of Pennsylvania · 1871
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