Wharton v. Williamson
Supreme Court of Pennsylvania
Error from the District Court of Philadelphia: April 24-5, 1849. — The plaintiff’s declaration set out that he had indorsed certain notes for one Stockton, by whom they had been negotiated for value to the defendants; that afterwards Stockton having become insolvent, the defendants, in consideration of the transfer to them of certain property by Stockton, had released and discharged Stockton from all liability on the said notes, which was done without the plaintiff’s…
Read the full summary
Error from the District Court of Philadelphia: April 24-5, 1849. — The plaintiff’s declaration set out that he had indorsed certain notes for one Stockton, by whom they had been negotiated for value to the defendants; that afterwards Stockton having become insolvent, the defendants, in consideration of the transfer to them of certain property by Stockton, had released and discharged Stockton from all liability on the said notes, which was done without the plaintiff’s knowledge or assent; that afterwards, and before the maturity of the notes, the defendants had negotiated the notes, for value,…
1Opinion of the Court
The opinion of the court was delivered by
Coulter, J.
At the last term this cause was argued, and the court determined to reverse or set aside the judgment of non suit entered by the court below, inasmuch as the action of assumpsit was, in the judgment of this court, well conceived, and would properly lie, under the facts and circumstances disclosed by the record, on the part of the plaintiff.
But it was ordered that the Court would hear further argument on the question, whether judgment should le entered for the plaintiff by this court, or the record remitted for further proceeding ?
*275It would…
2Cited by1 opinion
- Smith v. EhlerSupreme Court of Pennsylvania · 1950