Gest v. Espy
Supreme Court of Pennsylvania
ERROR to the common pleas of Dauphin county. This was an action of assumpsit by John Gest indorsee of James S. Espy, against James S. Espy indorser, to which the defendant pleaded non assumpsit and payment with leave, &c.
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ERROR to the common pleas of Dauphin county. This was an action of assumpsit by John Gest indorsee of James S. Espy, against James S. Espy indorser, to which the defendant pleaded non assumpsit and payment with leave, &c. The suit was originally in the district court; and while pending there, the plaintiff demanded, in writing, of the defendant, to be furnished with the special matters upon which he intended to rely for his defence ; the cause was afterwards removed into the common pleas, and there tried. Upon the trial the plaintiff gave in evidence a note in these words: “ Thirty days after…
1Opinion of the Court
The opinion of the Court was delivered by
Rogers, J.
This was an action of assumpsit by an indorsee against an indorser. The defendant pleaded payment with leave, and the general issue. The plaintiff having proved the handwriting of the drawer and indorser, gave in evidence the note in the following words:
“ Thirty days after date, I promise to pay to John Martin, or order, four hundred dollars, value received, October 29th, 1824.
“William Martin.”
Indorsed—“ John Martin, James S. Espy.”-
It was regularly protested for non payment, at the request of Gaius Moore, on the 1st of December 1824.
The…
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