Dingman v. Amsink
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of Qrawford county: Of October and November Term 1874. This was an action of assumpsit, brought March 27th 1873, by L. E. Amsink & Co. against I). C. Clark and J. H. Dingman, partners as Clark & Dingman. The cause of the action was two promissory _ notes, copies of which were filed, as follows:— “ [$352.] • Titusville, Pa., Oct. 30th 1872. Pour months after date, for value received, we promise to pay to the order of Messrs. Thos.
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Error to the Court of Common Pleas of Qrawford county: Of October and November Term 1874. This was an action of assumpsit, brought March 27th 1873, by L. E. Amsink & Co. against I). C. Clark and J. H. Dingman, partners as Clark & Dingman. The cause of the action was two promissory _ notes, copies of which were filed, as follows:— “ [$352.] • Titusville, Pa., Oct. 30th 1872. Pour months after date, for value received, we promise to pay to the order of Messrs. Thos. J. Raynor & Co., three hundred and fifty-two dollars, at the Producers’ and-Manufacturers’ Bank, with exchange. Clark & Dingman.”…
1Opinion of the CourtJustice Gordon
The view we take of this case renders it unnecessary for us to decide what the effect of the affidavit of defence would be, as notice to put the holder of the note upon proof of consideration, supposing it to set forth that which would be sufficient for that purpose. After the defendant has proved that the note or bill was improperly obtained from him and put in circulation by fraud, he may call upon the holder, plaintiff, under notice, to show that he is a bond; fide holder for value. But the mere absence or failure of consideration between the original parties, is not sufficient for that…
2Cases cited1 opinion
- Walter v. GinrichSupreme Court of Pennsylvania · 1834
3Cited by6 opinions
- Lynne Carol Fashions, Inc., a Pennsylvania Corporation v. Cranston Print Works Co., IncCourt of Appeals for the Third Circuit · 1972
- Githers v. ClarkeSupreme Court of Pennsylvania · 1893
- Strause v. BraunreuterSuperior Court of Pennsylvania · 1900
- Taylor v. SiersSuperior Court of Pennsylvania · 1916
- Hardie v. BatesonSupreme Court of Pennsylvania · 1916
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