Stewart v. Allison
Supreme Court of Pennsylvania
In Error. THE bill of exceptions which accompanied the record 0f this cause, on the return of a writ of error to the District . Court for the city and county of Philadelphia, exhibited the following case : brought an actionag'a>nst James Stewart, on a promissory note drawn by Hol~ bach Saunders, in favour of Siezuart, by whom it was in- , , , . , _ clorsed. 1 ne pleas were non assumpsit and payment.
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In Error. THE bill of exceptions which accompanied the record 0f this cause, on the return of a writ of error to the District . Court for the city and county of Philadelphia, exhibited the following case : brought an actionag'a>nst James Stewart, on a promissory note drawn by Hol~ bach Saunders, in favour of Siezuart, by whom it was in- , , , . , _ clorsed. 1 ne pleas were non assumpsit and payment. On t^le trial, the plaintiff, in order to prove notice to the indorser of non-payment by the drawers of the note, gave in evidence ‘ , , ,. , , ~ , a protest made by a notary public, under his…
1Opinion of the CourtTilghman, C. J.
This action was brought by Smith Allison, the plaintiff below, against James Stéwart,. the plaintiff in error, on a promissory note, of which- Allison was indorsee and Stewart indorser. The plaintiff gave in evidence a protest by Benjamin Nones, notary public, under his official seal, in which protest it was certified that .the. said notary had given notice of the non-payment of the note to the defendant. The defendant then called the notary himself, who was sworn as a witness without opposition, and deposed, “ that the protest was in the handwriting of his son, then absent on a voyage to the…
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