Griffith v. Reford
Supreme Court of Pennsylvania
On a writ of error to the District Court for the city and county of Philadelphia, it appeared from the bills of exceptions returned with the record, that Caleb Griffith, the plaintiff in error, brought this action |o recover the amount of four promissory notes, drawn by Thomas L. Plowman in favour of Elizabeth Ref or d, the defendant, by whom they were endorsed, and also to recover the amount of a bill of exchange, drawn by L. Mansell on J. J. Marshall of Frankford,…
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On a writ of error to the District Court for the city and county of Philadelphia, it appeared from the bills of exceptions returned with the record, that Caleb Griffith, the plaintiff in error, brought this action |o recover the amount of four promissory notes, drawn by Thomas L. Plowman in favour of Elizabeth Ref or d, the defendant, by whom they were endorsed, and also to recover the amount of a bill of exchange, drawn by L. Mansell on J. J. Marshall of Frankford, Kentucky, in favour of Thomas L. Plowman, by whom, as well as by the defendant, it was indorsed. One of these notes had its…
1Opinion of the Court
The opinion of the court was delivered by
Gibson, C. J.
The objection to the witness, on-the ground of interest, is hot sustained; but,'it seems to me, he was incompetent under the rule in Walton v. Shelley, to prove that the consideration was usurious. That rule is undoubtedly restricted to paper actually negotiated; and it consequently has no-place-between the original-parties. But-how did the case, stand when the witness was called? Apparently between an endorser and endorsee; and the question therefore is, not whether the witness was competent to prove the consideration usurious, in a case…
2Cases cited9 opinions
- Powell v. WatersNew York Supreme Court · 1819
- Ayer v. HutchinsMassachusetts Supreme Judicial Court · 1808
- Woodhull v. HolmesNew York Supreme Court · 1813
- Storer v. LoganMassachusetts Supreme Judicial Court · 1812
- Skilding & Haight v. WarrenNew York Supreme Court · 1818
4 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Harrisburg Bank v. ForsterSupreme Court of Pennsylvania · 1839
- Thomas v. BradySupreme Court of Pennsylvania · 1848
- Partee v. SillimanMississippi Supreme Court · 1870
- Blackstock v. LeidySupreme Court of Pennsylvania · 1852
- Gaul v. WillisSupreme Court of Pennsylvania · 1856
8 more not listed; retrieve them via the Exa API.