Greenawalt v. McDowell
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of Franklin county: No. 71, to May Term 1870. This was an action of assumpsit brought, December 23d 1868, by Alexander McDowell against Peter Brough, Samuel F. Greenawalt and John A. Brough.
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Error to the Court of Common Pleas of Franklin county: No. 71, to May Term 1870. This was an action of assumpsit brought, December 23d 1868, by Alexander McDowell against Peter Brough, Samuel F. Greenawalt and John A. Brough. The cause of action was this note:— “$6000. On demand, we, or either of us, promise to pay Alexander E. McDowell, or order, six thousand dollars, W’ithout defalcation, for value received, with interest from date, November 28th 1864. Peter Brough, As security, Samuel F. Greenawalt, As security, John A. Brough.” A payment of $1399.27 and payments of two years’ interest…
1Opinion of the Court
The opinion of the court was delivered, July 7th 1870, by
Read, J.
This is a suit on a joint and several promissory note, payable to the plaintiff or order, on demand, for $6000, with interest from date, November 28th 1864, and signed by Peter *468Brough, Samuel E. Grreenawalt, tbe defendants, and John A. Brough, the two latter as security.
Upon this note payments were made of a year’s interest on the 11th December 1865, of another on the 14th January 1867, and of $1399.27 on the 23d September 1867.
Mr. McDowell, intending to go West, wanted some money from Peter Brough, who raised it on the 12th…
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