McClurkan v. Byers
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of Allegheny county: No. 34, 35, 36, 37, to October and November Term 1873. Four actions of- assumpsit were brought September 20th 1871, against Alexander M. Byers, Alexander Nimmick, William K. Nimmick and Joseph Fleming, trading as Byers & Co., to December Term 1871 of the court below. ' In Nos. 168 and 171 Samuel McClurkan, in trust for the Fort Pitt Banking Company, was plaintiff, and in Nos. 169 and 170 Samuel McClurkan was nlaintiff.
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Error to the Court of Common Pleas of Allegheny county: No. 34, 35, 36, 37, to October and November Term 1873. Four actions of- assumpsit were brought September 20th 1871, against Alexander M. Byers, Alexander Nimmick, William K. Nimmick and Joseph Fleming, trading as Byers & Co., to December Term 1871 of the court below. ' In Nos. 168 and 171 Samuel McClurkan, in trust for the Fort Pitt Banking Company, was plaintiff, and in Nos. 169 and 170 Samuel McClurkan was nlaintiff. No. 168 was on the following note :— “$50,000. Pittsburg, Pa., December 3d 1869. Sixteen months after date we promise to…
1Opinion of the Court
The opinion of the court was delivered, January 5th 1874, by
Agnew, J. —
In these cases, if we assume the fact to be conclusively proved that Dr. Hostetter, after failing to negotiate the four $50,000 notes in Philadelphia, was to return them to Byers & Co. and Lockhart & Frew, the rulings of the court below upon the plaintiff’s offers of evidence were correct. The evidence of the defendants did establish this fact, and also the express promise of Dr. Hostetter, after his return to Pittsburg, to surrender the notes. But when the plaintiff, in turn, came to rebut this evidence, and show a…
2Cited by4 opinions
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- Adams v. AshmanSupreme Court of Pennsylvania · 1902
- Estate of StaibSuperior Court of Pennsylvania · 1899
- Higgins v. Shenango Pottery CompanyCourt of Appeals for the First Circuit · 1958