Overton v. Tyler
Supreme Court of Pennsylvania
In error from Common Pleas of Bradford county. July 15. This was a feigned issue directed to test the right of the parties to the proceeds of a sheriff’s sale of the personal property of L. Smith, in which a special verdict was found, in substance, as follows: L. Smith drew a promissory note, falling due June 30th, 1845, for discount at bank, which was endorsed for him by Tyler et ah, as sureties.
Read the full summary
In error from Common Pleas of Bradford county. July 15. This was a feigned issue directed to test the right of the parties to the proceeds of a sheriff’s sale of the personal property of L. Smith, in which a special verdict was found, in substance, as follows: L. Smith drew a promissory note, falling due June 30th, 1845, for discount at bank, which was endorsed for him by Tyler et ah, as sureties. While this note was maturing, he gave to Tyler the following instrument: «$>1000. Athens, February 15,1845. «For value received, I promise to pay Francis Tyler and Levi Westbrook, or bearer, one…
1Opinion of the CourtGibson, C. J.
No case like the present, nor any thing from which a principle applicable to it can be drawn, is found in the books. The note is for the payment of money; it is payable to bearer; and it is payable absolutely: yet it is .obvious that it was not intended to be negotiable in a commercial sense, and that the maker was not to have the usual days of grace. The debt is still between the original parties; and the contract by which it was created is to be interpreted, like any' other, by their actual meaning. If they meant to make, not a promissory note, within the statute of Anne, but a special…
2Cited by14 opinions
- Yates v. BrownSupreme Court of North Carolina · 1969
- Cudahy Packing Co. v. State Nat. BankCourt of Appeals for the Eighth Circuit · 1904
- Caribe v. Ven-Lour Enterprises, Inc.Supreme Court of Puerto Rico · 2017
- Farmers' & Merchants' Bank v. DaviesSupreme Court of Louisiana · 1919
- Iron City N. Bank v. McCordSupreme Court of Pennsylvania · 1891
9 more not listed; retrieve them via the Exa API.