Legal Opinion

Stuckert v. Anderson

Supreme Court of Pennsylvania

Decided January 16, 1838PublishedCited by 7 opinions

Error to the Court of Common Pleas of Bucks County. Tbe action in the Court below was assumpsit, brought by John II. Anderson against Greorge Stuckert, on a promissory note for §194 17, dated the 17th day of June, 1835, at ninety days, drawn by Thomas M. Jones, in favour of Stuckert, the defendant, and endorsed by him to Anderson, the plaintiffs. *On the trial before Fox, President, it appeared that the note had been discounted by the Bank for Anderson: and the notary of…

Read the full summary

Error to the Court of Common Pleas of Bucks County. Tbe action in the Court below was assumpsit, brought by John II. Anderson against Greorge Stuckert, on a promissory note for §194 17, dated the 17th day of June, 1835, at ninety days, drawn by Thomas M. Jones, in favour of Stuckert, the defendant, and endorsed by him to Anderson, the plaintiffs. *On the trial before Fox, President, it appeared that the note had been discounted by the Bank for Anderson: and the notary of that bank was produced as a witness, and testified as follows:— “ This note was delivered to me by one of the officers of…

1Opinion of the Court

The opinion of the Court was delivered by

Sergeant, J.

The promissory note, in the case before us, was not dated or payable at any particular place. It was discounted in the Doylestown Bank, and taken up by the plaintiff in consequence of remaining • unpaid. Objections were made on the trial, to the want of proof of a demand on the maker, and also as to the notice to the endorser, (the defendant,) who was the payee.

1. It is the duty of the holder of a promissory note, if he intends to charge the endorser, to make a demand of payment on the maker, at the maturity of the note,.unless there exists…

2Cases cited9 opinions

  1. Renner v. Bank of ColumbiaSupreme Court of the United States · 1824
  2. Mills v. Bank of United StatesSupreme Court of the United States · 1826
  3. Freeman v. BoyntonMassachusetts Supreme Judicial Court · 1811
  4. McGruder v. Bank of WashingtonSupreme Court of the United States · 1824
  5. Weakly v. Bell & SterlingSupreme Court of Pennsylvania · 1840

4 more not listed; retrieve them via the Exa API.

3Cited by7 opinions

  1. Parker v. . StroudNew York Court of Appeals · 1885
  2. Harris v. RobinsonSupreme Court of the United States · 1846
  3. Fitler v. MorrisSupreme Court of Pennsylvania · 1841
  4. ROBERTSON v. VogleSupreme Court of the United States · 1788
  5. Lightner v. WillSupreme Court of Pennsylvania · 1841

2 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API