Legal Opinion

Lightner v. Will

Supreme Court of Pennsylvania

Decided September 15, 1841PublishedCited by 3 opinions

ERROR to the District Court of Allegheny county. Joel W. Lightner against J. E. Will, and James Park & Co. against D. P. Ingersoll. The facts of each of these cases raised the same question. In the latter case, the plaintiffs gave the following evidence:— Pittsburgh, April 8, 1837. Four months after date I promise to pay to the order of Joseph Armorer, four hundred dollars, without defalcation, for value received. (Endorsed) (Signed) Orín Waters.

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ERROR to the District Court of Allegheny county. Joel W. Lightner against J. E. Will, and James Park & Co. against D. P. Ingersoll. The facts of each of these cases raised the same question. In the latter case, the plaintiffs gave the following evidence:— Pittsburgh, April 8, 1837. Four months after date I promise to pay to the order of Joseph Armorer, four hundred dollars, without defalcation, for value received. (Endorsed) (Signed) Orín Waters. Joseph Armorer, D. P. Ingersoll, Samuel Roseburgh, James Park & Co. “ Be it known, That on the 11th day of August 1837,1, Mathew B. Lowrie, notary…

1Opinion of the Court

The opinion of the Court was delivered by

Kennedy, J.

Both these cases turn upon the same point. The action in each is against the endorser of a negotiable note, dated at Pittsburgh; though the drawers, at the times of drawing the notes, as also at the times they became payable, resided some three or four miles from that place. The notes were not presented to the drawers in either case at maturity for payment; although no place is specified for payment therein, and the residence of the drawers would seem to have been known to the holders, or, at least, could have been easily ascertained by…

2Cases cited1 opinion

  1. Stuckert v. AndersonSupreme Court of Pennsylvania · 1838

3Cited by3 opinions

  1. Blodgett v. DurginSupreme Court of Vermont · 1859
  2. Oxnard v. VarnumSupreme Court of Pennsylvania · 1886
  3. Hazard v. SpencerSupreme Court of Rhode Island · 1891

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