Eyre v. Yohe
Supreme Court of Pennsylvania
Error to the District Court of Philadelphia: No. 241, to January Term 1871. This was an action of assumpsit, brought October 15th 1870, by Samuel Yohe and Edward A. Depew, trading as Yohe & Depew, against Abraham P.'Eyre. The cause of action was the following note:— “$2703.75. “Philadelphia, June 26th 1870. “ Three months after date I promise to pay to the order of James Gordon twenty-seven hundred and'three 75-100th Dollars, without defalcation, for value received.
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Error to the District Court of Philadelphia: No. 241, to January Term 1871. This was an action of assumpsit, brought October 15th 1870, by Samuel Yohe and Edward A. Depew, trading as Yohe & Depew, against Abraham P.'Eyre. The cause of action was the following note:— “$2703.75. “Philadelphia, June 26th 1870. “ Three months after date I promise to pay to the order of James Gordon twenty-seven hundred and'three 75-100th Dollars, without defalcation, for value received. A. P. Eyre. Endorsed “ James Gordon, by his attorney in fact, Alonzo Gordon. L. Doster, Jr.” The defendant filed an affidavit of…
1Opinion of the Court
The opinion of the court was delivered,
by Thompson, C. J.
We cannot agree in opinion with the learned judge below, that the affidavit of defence in this case was insuffi*479cient to prevent judgment against the defendant for the amount of the plaintiff’s claim. It positively avers that the note in suit is still the property of the payee, James Gordon, and that the names of the plaintiffs are only used to avoid a. defence to it to the extent of the usance, or premium paid, for forbearance beyond the legal rate of six per cent, per'annum, which, according to the affidavit of defence, amounted to…
2Cited by4 opinions
- Penrose v. CaldwellSuperior Court of Pennsylvania · 1905
- Wolf v. JacobsSupreme Court of Pennsylvania · 1898
- Pennsylvania Co. v. Harrison, Pennsylvania Court of Common Pleas, Montgomery County1933
- Yearsley v. GlaserSuperior Court of Pennsylvania · 1906