Sayre v. Frick
Supreme Court of Pennsylvania
ERROR to the Common Pleas of Northumberland county. This was an action of debt by the Commonwealth for the use of Bazaleet Sayre against John Frick, founded upon the official bond of the defendant as a notary public.
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ERROR to the Common Pleas of Northumberland county. This was an action of debt by the Commonwealth for the use of Bazaleet Sayre against John Frick, founded upon the official bond of the defendant as a notary public. The breach assigned was, that a note which became due and-payable at the Northumberland Bank, was handed to the defendant for protest, and that the same was protested, but that the notice of protest was given only to one of the endorsers, and the notice to the other was directed erroneously to a different place than where the endorser lived, whereby he was discharged. The note…
1Opinion of the Court
The opinion of the Court was delivered by
Gibson, C. J.
It is singular that the sixty years which have passed since Carvick v. Vickery (2 Doug. 653) was before the King’s Bench, have not brought up, a second time, among a people so commercial as the Anglo-Saxon race, the point which the verdict left in so much uncertainty. The text-writers seem to be at a loss how to treat that case; whether as an authority for the principle adopted by the court, or as an authority for the opposite principle subsequently adopted, with Lord Mansfield’s assent, by the special jury. Some of them seem to have taken…
2Cited by3 opinions
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