Sitgreaves v. Farmers' & Mechanics' Bank
Supreme Court of Pennsylvania
Error to the Common Pleas of Northampton county. This was an action of assumpsit by The Farmers’ and Mechanics’ Bank of Easton against Theodore R. Sitgreaves, and was founded on defendant’s endorsement of two' promissory notes of P. S. Michler, viz., one for $3000, dated August 7th 1861, at ninety days, and one for $1200, dated August 27th 1861. To a statement with plaintiff’s affidavit of cause of action in the usual form, the defendant filed the following affidavit of…
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Error to the Common Pleas of Northampton county. This was an action of assumpsit by The Farmers’ and Mechanics’ Bank of Easton against Theodore R. Sitgreaves, and was founded on defendant’s endorsement of two' promissory notes of P. S. Michler, viz., one for $3000, dated August 7th 1861, at ninety days, and one for $1200, dated August 27th 1861. To a statement with plaintiff’s affidavit of cause of action in the usual form, the defendant filed the following affidavit of defence : “Theodore R. Sitgreaves, the defendant above named, being duly sworn, deposes and says, that he has a just and…
1Opinion of the Court
The opinion of the court was delivered, by
Woodward, C. J.
The question here is upon the affidavit of defence. The bank sued Sitgreaves as the endorser of two promissory notes drawn by P. S. Michler, the one dated August 7th 1861, for $3000, at ninety days, the other dated August 24th 1861, for $1200, at ninety days, and to that suit Sitgreaves put in his affidavit of defence, which the court considered insufficient, and therefore rendered judgment against him for the full amount of the two notes.
In the present state of the record we must take the affidavit as all true, and the question is…
2Cases cited2 opinions
- Stearns v. MarshNew York Supreme Court · 1847
- Beebe v. West Branch BankSupreme Court of Pennsylvania · 1844
3Cited by9 opinions
- Ford Motor Credit Co. v. LototskyDistrict Court, E.D. Pennsylvania · 1982
- Berberich's EstateSupreme Court of Pennsylvania · 1917
- Dibert v. WernickeCourt of Appeals for the Sixth Circuit · 1914
- In re ThompsonDistrict Court, W.D. Pennsylvania · 1921
- In re ThompsonCourt of Appeals for the Third Circuit · 1922
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