Child v. McKean
Pennsylvania Court of Common Pleas, Philadelphia County
THIS w7as an action of assumpsit., on a bill of exchange, dated the 18th of May, 1835, for $3000, ninety days after sight, drawn by the plaintiff to his own order, on the defendant, and accepted by him on the 25th of May, 1835. Pleas the general issue, payment, and set-off.
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THIS w7as an action of assumpsit., on a bill of exchange, dated the 18th of May, 1835, for $3000, ninety days after sight, drawn by the plaintiff to his own order, on the defendant, and accepted by him on the 25th of May, 1835. Pleas the general issue, payment, and set-off. On the trial the handwriting of the acceptor being admitted, the plaintiff read the bill and protest for non-payment, which stated as the answer of the defendant, when payment was demanded and refused, that sundry foreign attachments had been laid on the money, &c. The defendant’s counsel then produced the following…
1Opinion of the Court
The opinion of the Court was delivered by
Stroud, J.—
The call upon the plaintiff to show the consideration he gave for the acceptance, it has been conceded on the argument, was not adapted to the proof in the cause. The consideration was distinctly proved by the defendant’s evidence, and was unquestionably an adequate one. The fairness of the transaction was not at all questioned.
The action, however, being between the original parties to the bill, it was competent to the defendant to show the want of consideration, or any facts from which it could be legitimately deduced, that the plaintiff…
2Cases cited1 opinion
- Dubois v. LordSupreme Court of Pennsylvania · 1836