Cromwell v. Arrott
Supreme Court of Pennsylvania
In Error. ERROR to the Common Pleas of Huntingdon county. This was an action on a promissory note of Thomas Cromwell^ the testator of the plaintiffs in error, dated “ Philadel- ^ phia, 14th March, 1806,” for 3090 dollars and 77 cents, payable to the order of Eves and Wistar, upon demand, “ with- “ out defalcation, for value received.”
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In Error. ERROR to the Common Pleas of Huntingdon county. This was an action on a promissory note of Thomas Cromwell^ the testator of the plaintiffs in error, dated “ Philadel- ^ phia, 14th March, 1806,” for 3090 dollars and 77 cents, payable to the order of Eves and Wistar, upon demand, “ with- “ out defalcation, for value received.” At what time the note was indorsed by Eves and Wistar to Arrott, the plaintiff below, does not appear; but on the 6th May, 1807, Arrott wrote a letter to Cromwell who lived in Huntingdon county, informing him of the indorsement, and requesting payment. On the…
1Opinion of the Court
Tilghmán C. J.
having stated the case, delivered his opinion as follows : — The act which was passed 27th February, 1797, provides, that notes drawn in a certain form “ shall “ be held by the endorsees, discharged from any claim of defalcation, or set-off by the drawer or endorsers thereof, and “ the endorsees shall be entitled to recover against the draw- “ er and endorsers such sum as on the face of the said note, or “ by endorsement thereon, shall appear to be due.” Before the making of this act of assembly, the endorsee of a promis-' sory note held it liable to 'every set-off and species…
2Cases cited5 opinions
- Ayer v. HutchinsMassachusetts Supreme Judicial Court · 1808
- Furman v. HaskinNew York Supreme Court · 1805
- Losee v. DunkinNew York Supreme Court · 1810
- O'Callaghan v. SawyerNew York Supreme Court · 1809
- Johnson v. BloodgoodNew York Supreme Court · 1799
3Cited by7 opinions
- Griffith v. RefordSupreme Court of Pennsylvania · 1829
- Bank of Montgomery County v. WalkerSupreme Court of Pennsylvania · 1823
- Barnet v. OffermanSupreme Court of Pennsylvania · 1838
- Hughes v. LargeSupreme Court of Pennsylvania · 1845
- Swan v. ScottSupreme Court of Pennsylvania · 1824
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