Duncan v. M'Cullough
Supreme Court of Pennsylvania
In Error. THIS was a writ of error to the Court of Common Pleas of Franklin county. In the Court below, it was an action on a joint and several promissory note, drawn by William Findley and Sterling Adams, in favour of Matthew Duncan, the plaintiff below, for 600 dollars, payable nine months after date.
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In Error. THIS was a writ of error to the Court of Common Pleas of Franklin county. In the Court below, it was an action on a joint and several promissory note, drawn by William Findley and Sterling Adams, in favour of Matthew Duncan, the plaintiff below, for 600 dollars, payable nine months after date. No bill exceptions, or statement of facts, having accompanied the record on the return of the writ of error to this Court, the circumstances of the case must be collected, as far as is practicable, from the opinion of the Court, which was filed of record, agreeably to the act of assembly of…
1Opinion of the Court
The opinion of the Court was delivered by
Gibson J.
The charge of the Court has been filed under the act of assembly, but the evidence has not been brought up by a bill of exceptions ; so that very few of the facts appear on the record. It seems, however, the defendant gave evidence of a continued state of intoxication of the intestate, about the period when the note, on which the suit is.brought, was signed; and also of a conspiracy between the plaintiff and a certain Sterling Adams to defraud him, and by taking advantage of his state of inebriety to procure him to sign this, among other…
2Cited by3 opinions
- Chamberlain v. M'ClurgSupreme Court of Pennsylvania · 1844
- Chess v. ChessSupreme Court of Pennsylvania · 1829
- Foster v. . JulienNew York Court of Appeals · 1861