Ritchie v. Summers
Supreme Court of Pennsylvania
Action for money had and received. The cause came on to trial on the 29th June 1802, at the sittings for Philadelphia county, when the jury found the following special verdict.
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Action for money had and received. The cause came on to trial on the 29th June 1802, at the sittings for Philadelphia county, when the jury found the following special verdict. The jury in this case, on their several oaths and affirmations, do find from verbal and written testimony, that the defendants did, on the 19th July 1798, receive a certain note of hand from and drawn by Joseph Thomas, dated 19th July 1798, at 60 days after date, payable to the order of John Morton, for $3000, and indorsed with the name of John Morton. That on the same day the defendants charged in their books of…
1Opinion of the CourtShippen, C. J.
The special verdict in this case finds facts very favourable to the cause of the plaintiff, absolutely precluding the idea of the defendants acting as the agents of the drawer of the note. They find, that the defendants became interested in the note, by having paid Thomas the full amount of it, and that the interest continued to the time of the sale to the plaintiff. They likewise find, that the name of the indorser was forged, and that the note was not what it was sold for to the plaintiff. It is no doubt usual and lawful to sell notes by delivery, -without an indorsement by the seller ; and…
2Cases cited4 opinions
- Borrekins v. Bevan & PorterSupreme Court of Pennsylvania · 1831
- Musgrove v. GibbsSupreme Court of the United States · 1787
- D'Utricht v. MelchorSupreme Court of the United States · 1789
- Quesnel v. MussySupreme Court of Pennsylvania · 1789
3Cited by10 opinions
- Musgrove v. GibbsSupreme Court of the United States · 1787
- D'Utricht v. MelchorSupreme Court of the United States · 1789
- Beetem's Administrators v. BurkholderSupreme Court of Pennsylvania · 1871
- Reynolds v. PalmerU.S. Circuit Court for the District of Western North Carolina · 1884
- Willing v. PetersSupreme Court of Pennsylvania · 1824
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