Parke v. Smith
Supreme Court of Pennsylvania
ERROR to the District Court of Allegheny county. James Parke against Samuel Smith, Samuel Royer, A. N. M’Dowell, and John Turbet, trading in the name of Smith, Royer & Co. The plaintiff claimed on a note dated 24th of May 1837, for $2632, payable two years after date, drawn by Samuel Hall, payable to Smith, Royer & Co., and endorsed by Smith with the name of the firm, Smith, Royer & Co. On the 27th of May 1839, it was protested, and notice given, &c.
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ERROR to the District Court of Allegheny county. James Parke against Samuel Smith, Samuel Royer, A. N. M’Dowell, and John Turbet, trading in the name of Smith, Royer & Co. The plaintiff claimed on a note dated 24th of May 1837, for $2632, payable two years after date, drawn by Samuel Hall, payable to Smith, Royer & Co., and endorsed by Smith with the name of the firm, Smith, Royer & Co. On the 27th of May 1839, it was protested, and notice given, &c. It was admitted the defendants were partners in the iron business. It was contended for Smith that the note was for a loan by Parke to Hall at…
1Opinion of the Court
The opinion of the Court was delivered by
Huston, J.
— In the case of Baird v. Cochran, (4 Serg. & Rawle 397), it was decided that to exclude parties whose names are on the bill, but not parties to the suit and not interested, the note must not only be negotiable but actually negotiated in the usual course of business; and in Hepburn v. Cassel, (6 Serg. & Rawle 115), the same doctrine is distinctly repeated. In 1 Rawle 197, it is said, “ the rule is undoubtedly restricted to paper actually negotiated ;” but that case is put on the ground that the witness could not, by his own evidence, remove…
2Cases cited6 opinions
- Pierson v. HookerNew York Supreme Court · 1808
- MbBride v. HaganNew York Supreme Court · 1828
- Baird indorsee of M'Donnell v. Cochran & DowlingSupreme Court of Pennsylvania · 1818
- Gest v. EspySupreme Court of Pennsylvania · 1834
- Salmon v. DavisSupreme Court of Pennsylvania · 1812
1 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Mullison's EstateSupreme Court of Pennsylvania · 1871
- First National Bank v. GerliSupreme Court of Pennsylvania · 1911
- Barton v. FetherolfSupreme Court of Pennsylvania · 1861