Legal Opinion

Finney's Appeal

Supreme Court of Pennsylvania

Decided November 5, 1868PublishedCited by 7 opinions

Appeal by Robert Einney from the decree of the District Court of Allegheny county: In Equity: No. 139, to October and November Term 1868. James M. Snowden, on the 6th of November. 1867, filed a hill against The Triumph Oil Company and Robert Einney, in which he averred: — 1. That he was the owner of certificate No. 256, for 2500 shares of the stock of the oil company; 2. That Isaac M. Pennock, on the 9th of May 1866, owed'the plaintiff $5000 on five promissory notes, dated…

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Appeal by Robert Einney from the decree of the District Court of Allegheny county: In Equity: No. 139, to October and November Term 1868. James M. Snowden, on the 6th of November. 1867, filed a hill against The Triumph Oil Company and Robert Einney, in which he averred: — 1. That he was the owner of certificate No. 256, for 2500 shares of the stock of the oil company; 2. That Isaac M. Pennock, on the 9th of May 1866, owed'the plaintiff $5000 on five promissory notes, dated April 10th 1866, payable in four, six, eight, ten and twelve months respectively, and Pennock, being then the owner of…

1Opinion of the Court

The opinion of the court was delivered, November 16th 1868, by

Thompson, C. J.

The proof was incontrovertible, that James M. Snowden received an assignment for value, of the certificate of stock No. 266, of the appellant’s company, from Isaac M. Pennock, on the 9th day of May 1866. The cancellation of the stamp, as well as other testimony, abundantly proved that to have been the true date of the transaction. The court would have erred had it not permitted this to be proved. Nor was Pennock an incompetent witness to prove it. He had no disqualifying interest in the matter. Between creditors his…

2Cases cited1 opinion

  1. Commonwealth v. WatmoughSupreme Court of Pennsylvania · 1841

3Cited by7 opinions

  1. Commonwealth v. CromptonSupreme Court of Pennsylvania · 1890
  2. Davis v. CauffielSupreme Court of Pennsylvania · 1926
  3. State Banking & Trust Co. v. TaylorSouth Dakota Supreme Court · 1910
  4. First National Bank of Lexington v. BowmanCourt of Appeals of Kentucky · 1916
  5. Bank of the United States v. Shetter, Pennsylvania Court of Common Pleas, Dauphin County1927

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