Bank v. Fordyce
Supreme Court of Pennsylvania
In error from the Common Pleas of-. This was a scire facias to revive a judgment against Fordyce, an endorser of a note drawn by Shriver, and previously endorsed by other persons.
Read the full summary
In error from the Common Pleas of-. This was a scire facias to revive a judgment against Fordyce, an endorser of a note drawn by Shriver, and previously endorsed by other persons. The action was to the use of Luce, and he proved, by the cashier of the bank (plaintiff), the assignment to him by the bank of the judgments against Shriver, the drawer, and Shriver, the endorser of the note: (it is stated at length in 1 Barr, 456.) The first exception was to the court permitting the defendant, on cross-examination of this witness, to prove that the agreement with Luce was that the judgment against…
1Opinion of the CourtGibson, C. J.
The testimony of Leazure, on cross-examination, when called to prove the execution of the assignment, was not out of place. Independent matter of defence may not be introduced by cross-examination of a witness to a collateral fact; but here, the cross-examination was to a fact which was an incident in the transaction proved, and which destroyed the effect of the *277testimony. It went to show that the assignment of the judgments against the drawer and the first endorser, was not an assignment of the judgments against the subsequent endorsers, who were pressing the executions which it was the…
2Cases cited3 opinions
- Fischli v. FischliIndiana Supreme Court · 1825
- Stewart v. KearneySupreme Court of Pennsylvania · 1837
- Markley v. SwartzlanderSupreme Court of Pennsylvania · 1844
3Cited by12 opinions
- Rich Hill Coal Company v. BashoreSupreme Court of Pennsylvania · 1939
- Conley v. MervisSupreme Court of Pennsylvania · 1936
- Felski v. ZeidmanSupreme Court of Pennsylvania · 1924
- Peters v. ShearSupreme Court of Pennsylvania · 1945
- Glenn v. Philadelphia & West Chester Traction Co.Supreme Court of Pennsylvania · 1903
7 more not listed; retrieve them via the Exa API.