Girard Fire & Marine Insurance v. Marr
Supreme Court of Pennsylvania
Error to the Common Pleas of Northumberland county. This was an action of assumpsit by The Girard Eire and Marine Insurance Company, endorsees of Paul Thurlow and Joseph B. Hughes, partners doing business as Thurlow, Hughes & Co., against David Marr, on a negotiable promissory note, dated February 16th 1857, drawn by Statton, Marr & Go. to the order of Thurlow, Hughes & Co., for $1493.37, payable seven months after date, endorsed by payees before maturity, and delivered to…
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Error to the Common Pleas of Northumberland county. This was an action of assumpsit by The Girard Eire and Marine Insurance Company, endorsees of Paul Thurlow and Joseph B. Hughes, partners doing business as Thurlow, Hughes & Co., against David Marr, on a negotiable promissory note, dated February 16th 1857, drawn by Statton, Marr & Go. to the order of Thurlow, Hughes & Co., for $1493.37, payable seven months after date, endorsed by payees before maturity, and delivered to the plaintiffs as collateral security for money previously loaned to Thurlow, Hughes & Co. by the company. Statton, Marr…
1Opinion of the Court
The opinion of the court was delivered, February 15th 1864, by
Thompson, J.
We have no difficulty in agreeing with the learned judge below, that, both on the score of interest and policy, Thurlow and Hughes were competent witnesses to the extent within which their testimony was received on the trial Their interests were equally poised between the parties plaintiffs and defendants, and they could testify for either. This is an elementary principle. But as showing its applicability to wit*507nesses situated as these were, viz., as endorsers, where the trial happens to be between an endorsee and…
2Cases cited1 opinion
- Gest v. EspySupreme Court of Pennsylvania · 1834
3Cited by3 opinions
- Fisher v. StateSupreme Court of Delaware · 1898
- Scott v. First National Bank of TulsaCourt Of Appeals Of Indian Territory · 1904
- Warburton v. Trust Co.U.S. Circuit Court for the District of Eastern Pennsylvania · 1909