Hart v. Boller
Supreme Court of Pennsylvania
m error. Error to the District Court for the city and county of Philadelphia, This action was brought by Jacob Boiler, the plaintiff below and defendant in error, against Joseph Hart, the plaintiff in error. The plaintiff declared in his first count, on a promissory note drawn by Charles Miller, payable to the defendant or his order, and indorsed by the defendant to the plaintiff, who discounted it.
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m error. Error to the District Court for the city and county of Philadelphia, This action was brought by Jacob Boiler, the plaintiff below and defendant in error, against Joseph Hart, the plaintiff in error. The plaintiff declared in his first count, on a promissory note drawn by Charles Miller, payable to the defendant or his order, and indorsed by the defendant to the plaintiff, who discounted it. This note was , Red October 11 ih, 1819, for two hundred and forty dollars, at sixty days. It fell due the 18th of December, 1819, and was protested for non-payment, and notice whereof was given…
1Opinion of the Court
The opinion of .the court was delivered hy>
Tikghman, C. J.
It is a general rule, that if one indebted to another by note, gives another note to the same person for the same sum, without any new consideration, the second note shall not be deemed a satisfaction of the first, unless so intended, and accepted by the credifor. But if so accepted, it is a satisfaction. The quo animo it was accepted is matter of fact, which the cour|t cannot take to itself, and exclude the jury from the decision of it. The intent may often be deduced from circumstances, though nothing positive was expressed. We are…
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