Legal Opinion

Brown v. Street

Supreme Court of Pennsylvania

Decided December 15, 1843PublishedCited by 3 opinions

ERROR to the District Court for the city and county of Philadelphia, in which ah action on the case was brought by Thomas Street against John M. Brown & Benjamin Lowerre, trading under the firm of Brown, Lowerre & Co., on the following promissory note, a copy of which was filed : “Philadelphia, May 10, 1841. $667 Twelve months after date we promise to pay to the order of Samuel H. Aldridge, six hundred and sixty-seven dollars, without defalcation, for value received.

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ERROR to the District Court for the city and county of Philadelphia, in which ah action on the case was brought by Thomas Street against John M. Brown & Benjamin Lowerre, trading under the firm of Brown, Lowerre & Co., on the following promissory note, a copy of which was filed : “Philadelphia, May 10, 1841. $667 Twelve months after date we promise to pay to the order of Samuel H. Aldridge, six hundred and sixty-seven dollars, without defalcation, for value received. Brown, Lowerre & Co. (Endorsed) S. H. Aldridge, Thos. Street.” The following affidavit of defence was filed : “John M. Brown,…

1Opinion of the Court

The opinion of the Court was delivered by

Rogers, J.

The affidavit of defence amounts to nothing more than the defendant’s belief that the payee is the real plaintiff, and that the name of Street is used for the purpose only of accomplishing the recovery of the note in suit. And the reason on which the belief is grounded is that the plaintiff is the particular and intimate friend of the payee. He avers that the consideration of the note has totally failed, and that if Aldridge succeeds in obtaining payment by using the name of Street, the defendants will suffer great injustice. The affidavit…

2Cases cited1 opinion

  1. Knight v. PughSupreme Court of Pennsylvania · 1842

3Cited by3 opinions

  1. Sterling v. Mercantile Mutual Insurance Co. of PhiladelphiaSupreme Court of Pennsylvania · 1858
  2. Gray's Administrator v. Bank of KentuckySupreme Court of Pennsylvania · 1857
  3. Albrecht v. StrimplerSupreme Court of Pennsylvania · 1848

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