Hinkley v. Walters
Supreme Court of Pennsylvania
ERROR to the common pleas of Dauphin county. Charlotte Johnston, executrix of John Johnston, deceased, for the use of H. W. Hinkley, against Henry Walters. This was an action of debt upon a note under seal, brought to August term 1835, to which the defendant pleaded payment and set-off; and to the plea of set-off, the plaintiff replied the statute of limitations. Plaintiff gave in evidence a note under seal, of which the following is a copy, viz: “ 640 dollars.
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ERROR to the common pleas of Dauphin county. Charlotte Johnston, executrix of John Johnston, deceased, for the use of H. W. Hinkley, against Henry Walters. This was an action of debt upon a note under seal, brought to August term 1835, to which the defendant pleaded payment and set-off; and to the plea of set-off, the plaintiff replied the statute of limitations. Plaintiff gave in evidence a note under seal, of which the following is a copy, viz: “ 640 dollars. Liverpool, April 10, 1S20.—On the first day of July next, I promise to pay John Johnson, surviving partner of the late firm of…
1Opinion of the Court
The opinion of the Court was delivered by
Kennedy, J.
The first question necessary to be decided in this case is, was not the statute of limitations a bar to the defendant’s recovering the amount of the note, which he holds and gave in evidence on the trial by way of set-off? And secondly, can the defendant set off the note, if Hinkley became the owner of the bill in suit, before the defendant got the note? This note not being under seal, it is perfectly clear, that if the defendant had brought a suit for the recovery of it, against the personal representative of the drawee, who it appears is…
2Cases cited1 opinion
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