Appleton v. Donaldson
Supreme Court of Pennsylvania
In error from Common Pleas of Northumberland county. July 23, 24. Assumpsit by plaintiff in error on defendant’s note for $1150, dated 1st March, 1838, to the order of Edwards & Verr.ee, and by them endorsed.
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In error from Common Pleas of Northumberland county. July 23, 24. Assumpsit by plaintiff in error on defendant’s note for $1150, dated 1st March, 1838, to the order of Edwards & Verr.ee, and by them endorsed. The defendant having withdrawn all pleas but payment, with leave, &c., read a notice, that said note was without consideration ; that Edwards applied to Lawrence for a loan for ten days, and obtained $580, giving his check for $600, and pledged the note in suit as a collateral, to be returned on payment of his check. That before and at the expiration of the ten days, the specie was…
1Opinion of the CourtRogers, J.
This is an action on the case on a promissory note, in which the defendant, William Donaldson, was the maker, and the firm of Edwards & Yerree, the payees. The note, which is in the usual form, was.put in the hands of the plaintiff as a collateral security for the sum of $600, loaned to Edwards & Yerree at the time the note was deposited, as the defendant says, and as the plaintiff avers, to secure the payment of an antecedent debt, or for security of an antecedent debt, and money advanced at the time. If I understand the charge, the court was under the impression, and so instructed the jury,…
2Cases cited2 opinions
- Baker v. HainesSupreme Court of Pennsylvania · 1841
- Huber v. BurkeSupreme Court of Pennsylvania · 1824
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- Cozens v. MiddletonSupreme Court of Pennsylvania · 1888
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