Brown v. Street
Supreme Court of Pennsylvania
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
- Knight v. PughSupreme Court of Pennsylvania · 1842
3Cited by3 opinions
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- Albrecht v. StrimplerSupreme Court of Pennsylvania · 1848