Simons v. Fisher
Court of Appeals for the Third Circuit
In Error to the Circuit Court of the United States for the Eastern District of Pennsylvania. At Law. This was an action by B. E. Fisher, receiver of the Spring Garden National Bank, against John F. Simons, Frederick M. Simons, and Edwin S. Simons, partners trading as Simons, Bro. & Co., on a note. The court directed a verdict for plaintiff, and defendants bring error.
1Dissent
BUTLER, District Judge,
(dissenting.) The defendants’ offer of testimony raises the only question presented. The court holds the offer admissible: First, because the plaintiff (below) did not prove consideration for the indorsement, and, second, because the facts stated in the offer constitute a defense, even with such proof. I am not prepared to assent to the first position, though I do not consider it very important. Production of the note was, of itself, sufficient proof of such consideration, in the first instance. The defendants could have put plaintiff to further proof by proper…
2Cases cited9 opinions
- Merchants' Bank v. State BankSupreme Court of the United States · 1871
- Schooner Freeman, &C. v. BuckinghamSupreme Court of the United States · 1856
- First Nat. Bank of Charlotte v. National Exchange Bank of BaltimoreSupreme Court of the United States · 1876
- Stewart v. LansingSupreme Court of the United States · 1882
- National Bank v. JohnsonSupreme Court of the United States · 1881
4 more not listed; retrieve them via the Exa API.