Jordan v. Hurst
Supreme Court of Pennsylvania
In error from the Common Pleas of Westmoreland/ Case stated. On the 18th May, 1842, Patterson drew a promissory note in favour of Hurst, the defendant, but not to bis order, payable three months after date. On tbe 18th November, Hurst endorsed and delivered tbe note to tbe plaintiff, who demanded’ payment of tbe drawer on tbe 22d.
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In error from the Common Pleas of Westmoreland/ Case stated. On the 18th May, 1842, Patterson drew a promissory note in favour of Hurst, the defendant, but not to bis order, payable three months after date. On tbe 18th November, Hurst endorsed and delivered tbe note to tbe plaintiff, who demanded’ payment of tbe drawer on tbe 22d. He afterwards brought an action against him, and recovered judgment on tbe 23d March, 1843. It was stated in tbe case that tbe drawer bad no property or effects out of which this could be levied. On tbe 15th February, 1843, notice of demand and non-payment was given…
1Opinion of the CourtCoulter, J.
There is a single point in this cause, but that point is embarrassed by conflicting decisions on the subject.
Hurst, the defendant in error, held a note not negotiable by its tenor upon Patterson, which he endorsed in blank to Jordan, the plaintiff in error, when it was three months over-due, for value. Jordan demanded payment from Patterson in four days after the endorsement, which was refused. But Jordan did not give notice to Hurst for two months and twenty-three days. This suit was brought against Hurst upon his refusal to pay. It is not contained in the stated case that Patterson became…
2Cases cited1 opinion
- President of the Bank of North America v. BarriereSupreme Court of Pennsylvania · 1794
3Cited by2 opinions
- President of the Bank of North America v. BarriereSupreme Court of Pennsylvania · 1794
- Colonial Trust Co. v. Morse, Pennsylvania Court of Common Pleas, Philadelphia County1928