Farmers & Mechanics Bank v. Israel
Supreme Court of Pennsylvania
... THE declaration in this case contained two counts against the defendant, as indorser of two promissory notes, drawn by Noble C. Nelson; one dated July 26th, 1811, for 1822 dollars 1 cent; the other dated August 2d, 1811, for 2500 dollars ; and also a count for 5000 dollars, lent by the plaintiffs to the defendant.
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... THE declaration in this case contained two counts against the defendant, as indorser of two promissory notes, drawn by Noble C. Nelson; one dated July 26th, 1811, for 1822 dollars 1 cent; the other dated August 2d, 1811, for 2500 dollars ; and also a count for 5000 dollars, lent by the plaintiffs to the defendant. When the jury was called for r. . , „ , ,, - it* . X, i iii t , the trial of the cause, at a Court or Msi Fnus held by Judge Gibson, in November last, it appearing that the notes deciared on were not due when the action was instituted, Pur-don, for the plaintiffs, moved for…
1Opinion of the Court
The opinion of the Court was delivered by
Gibson J.
At the trial I certainly thought I had power to allow an amendment, even before the jury were sworn; and although the right to amend was claimed exclusively on common law grounds, I yet think that if the act of assembly could make any other difference than as to the time when the application may be madeja new trial should be granted to have the amendment allowed. But the act, which provides that the plaintiff shall not be non-suited for mere informality, but that it shall be amended, and that the defendant may alter the shape of his defence on…
2Cases cited1 opinion
- Shock v. M'ChesneySupreme Court of Pennsylvania · 1808
3Cited by2 opinions
- Burk v. HuberSupreme Court of Pennsylvania · 1834
- Newlin v. PalmerSupreme Court of Pennsylvania · 1824