Eckert v. Cameron
Supreme Court of Pennsylvania
Error to the Common Pleas of Lebanon county. This was an action of assumpsit, brought August 20th 1860, by Simon Cameron, George Smulter, James Young, G. Dawson Coleman, Levi Kline, George Gleim, and Augustus Boyd, doing business as the Lebanon Deposit Bank, against William Eckert.
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Error to the Common Pleas of Lebanon county. This was an action of assumpsit, brought August 20th 1860, by Simon Cameron, George Smulter, James Young, G. Dawson Coleman, Levi Kline, George Gleim, and Augustus Boyd, doing business as the Lebanon Deposit Bank, against William Eckert. The plaintiffs filed their statement, with copies of the notes on which suit was brought, which were as follows:— “ $1450. “ Genesee' Mills, Lebanon, March 28th 1860. “ Seventy days after date we promise to pay to the order of ourselves at the Western Bank of Philadelphia, fourteen hundred and fifty dollars, value…
1Opinion of the Court
The opinion of the court was delivered, by
Strong, J.
It would be difficult to vindicate the admission of the contents of a letter to the plaintiffs below, written by Shour in the absence of Eckert, and before the notes were made which the plaintiff discounted. It is not easy to see how one who has endorsed a promissory note, can be affected by the declarations of the maker, of which he had no knowledge, and which were made before the note had any existence. As against Myers & Shour, the makers, the letter or its contents (for its loss was sufficiently proved) would have been legitimate…
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