McPherson v. Allegheny National Bank
Supreme Court of Pennsylvania
■ Error to the Court of Common Pleas, No. 1, of .Allegheny county : Of October and November Term 1880, No. 47. Case by the Allegheny National Bank against James McPherson.
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■ Error to the Court of Common Pleas, No. 1, of .Allegheny county : Of October and November Term 1880, No. 47. Case by the Allegheny National Bank against James McPherson. The following was the plaintiff’s affidavit of claim : “Personally came Wilson McCandless, who being duly sworn deposes and says, that he is the cashier of the Allegheny -National Bank, the above named plaintiff, and that James McPherson, the defendant, is justly and legally indebted to the said plaintiff in the sum of $165, with interest from the 19th day of August 1878, and $1.50 protest fees; which indebtedness arises…
1Opinion of the CourtJustice Green
This was an action by the holder against the endorser of a negotiable promissory note. The plaintiff filed an affidavit of claim with a copy of the note, and alleged therein that the note was endorsed by the defendant and came to the plaintiff’s possession in the usual course of business ; that the note was not paid at maturity though presented at the place of payment thereon appointed, and concluded “ whereupon the same was protested, of all of which the defendant had due notice.” Although the averments of title, of presentment for payment, of non-payment and of notice thereof to the…
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