Kean v. Dufresne
Supreme Court of Pennsylvania
In Error. ERROR to the Common Pleas of Lancaster county, in which a bill of exceptions to the opinion of the Court was returned with the record. The suit was brought by Dufresne, the plaintiff below, against Kean and Foster, to recover the balance due. on a note given by them to him. The "defence set up, was, that Kean and Foster were partners when the note was given, and after the dissolution of the partnership, Kean gave the plaintiff another note in satisfaction thereof.
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In Error. ERROR to the Common Pleas of Lancaster county, in which a bill of exceptions to the opinion of the Court was returned with the record. The suit was brought by Dufresne, the plaintiff below, against Kean and Foster, to recover the balance due. on a note given by them to him. The "defence set up, was, that Kean and Foster were partners when the note was given, and after the dissolution of the partnership, Kean gave the plaintiff another note in satisfaction thereof. It was proved that the last mentioned note was given to the plaintiff, who indorsed it, had it discounted at bank, and…
1Per curiam
It appears in this case, that the note set up as an extinguishment of the debt of Kean and Foster, was in fact no more than a note put into the bank, for the purpose' of raising money for Kean and Foster. Therefore, it can be no extinguishment. The note, in fact, was not parted -with by Dufresne, but for the purpose of raising money for Kean and Foster.
Judgment affirmed.
2Cited by8 opinions
- Olcott v. RathboneNew York Supreme Court · 1830
- Bradford v. HarperSupreme Court of Alabama · 1854
- Chapman v. DurantMassachusetts Supreme Judicial Court · 1813
- Carlin v. HellerSupreme Court of Iowa · 1872
- Hays v. M'ClurgSupreme Court of Pennsylvania · 1835
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