Dickson v. Primrose
Pennsylvania Court of Common Pleas, Philadelphia County
THIS was an action to September term, 1839, No. 1687, brought by J. N. Dickson, et al., against Violet Primrose and -Manny, trading under the firm of Primrose and Manny, and Manny and Primrose.
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THIS was an action to September term, 1839, No. 1687, brought by J. N. Dickson, et al., against Violet Primrose and -Manny, trading under the firm of Primrose and Manny, and Manny and Primrose. The plaintiff filed a copy of the bill and acceptance on which the suit was brought, as follows, viz.: “ Exchange for $500. “ St. Louis, 7th September, 1839. “ Fifty days after date of this our first of exchange, (second of the same time and date, unpaid,) pay to the order of J. B. & M. Camden & Co., five hundred dollars, value received, and charge the same to account of Your obedient servants, Manny &…
1Opinion of the Court
Per Curiam.—
The question here is, whether on the affidavit of defence, the plaintiff shall have judgment. As between the original parties to this bill, we think the drawee could not have recovered. It was taken by him from one of the partners, in the name of the firm, for his individual debt, and was accepted by the same partner, residing at St. Louis, in the name of the firm located at Philadelphia, on which it was drawn. These were circumstances so far out of the usual course of trade, as to put the drawee on his guard, against the fraud on the partner of the firm in Philadelphia, which…
2Cited by2 opinions
- Phelan v. MossSupreme Court of Pennsylvania · 1871
- Lerch Hardware Co. v. First National BankSupreme Court of Pennsylvania · 1885