Mitchell v. Conrow
Supreme Court of Pennsylvania
IN ERROR. Error to the District Court for the City and County of Philadelphia. William G. Conrow brought an action of assumpsit against George H. Mitchell, on a promissory note made by the defendant, dated Philadelphia, May 14th, 1838, at four months, in favour of G. W. Gest, for four hundred and twenty-five dollars and fifteen cents, endorsed by G. W. Gest. The declaration contained but one count, viz., upon* the note.
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IN ERROR. Error to the District Court for the City and County of Philadelphia. William G. Conrow brought an action of assumpsit against George H. Mitchell, on a promissory note made by the defendant, dated Philadelphia, May 14th, 1838, at four months, in favour of G. W. Gest, for four hundred and twenty-five dollars and fifteen cents, endorsed by G. W. Gest. The declaration contained but one count, viz., upon* the note. The pleas were non assumpsit and payment with leave, &c. On the trial before Stroud, J., on the 29th day of October, 1839, the plaintiff’s counsel read the note in evidence,…
1Opinion of the Court
The opinion of the Court was delivered by
Kennedy, J.
The only error assigned here, is founded upon a bill of exceptions to the opinion of the Court below, which presents this question: Is the endorser of a negotiable note in an action by the endorsee against the drawer thereof, a competent witness, upon being released by the defendant, to prove an agreement made between the plaintiff and the endorser, subsequently to the giving of the note, and to its coming into the hands of the plaintiff, whereby the latter agreed that he would not sue or trouble the defendant, whom he knew to be merely an…
2Cases cited11 opinions
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- Bank of Pennsylvania v. M'CalmontSupreme Court of Pennsylvania · 1833
- Pleasants v. PembertonSupreme Court of the United States · 1793
- Griffith v. RefordSupreme Court of Pennsylvania · 1829
- Oliver v. Newburyport InsuranceMassachusetts Supreme Judicial Court · 1807
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3Cited by2 opinions
- Gilpin v. HowellSupreme Court of Pennsylvania · 1846
- Pleasants v. PembertonSupreme Court of Pennsylvania · 1793