White v. Heylman
Supreme Court of Pennsylvania
Error to the Common Pleas of Lycoming county. This wras an action of assumpsit by John C. Heylman, for the use of Clarissa Willard, against Allison White, on a promissory note, of which the following is a copy:— “ Thirty days after date, I promise to pay John C. Heylman, two hundred dollars, for value received. “ May 18th 1853. Allison White.” Endorsed. — “ Pay to Clarissa Willard, or order. ' John C. Heylman.”
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Error to the Common Pleas of Lycoming county. This wras an action of assumpsit by John C. Heylman, for the use of Clarissa Willard, against Allison White, on a promissory note, of which the following is a copy:— “ Thirty days after date, I promise to pay John C. Heylman, two hundred dollars, for value received. “ May 18th 1853. Allison White.” Endorsed. — “ Pay to Clarissa Willard, or order. ' John C. Heylman.” On the trial of the cause, the defendant called Charles A. Mayer, as a witness, and offered to prove by him, that the note sued on was without consideration. That about June 1852, he,…
1Opinion of the Court
The opinion of the court was delivered by
Read, J.
The promissory note on which this suit was brought was not negotiable, and the equitable transferee of it, for whose use this action was commenced in the name of the payee, took it, subject to all the equities existing between the original parties, at the time of the transfer. The defence set up was want of consideration, and if the facts offered to be proved by the defendant, showed this to be the case, as between the maker and the payee, then the court erred in rejecting the' offer, and they cannot be sustained on any ground, the particular…
2Cases cited2 opinions
- Colwell v. PedenSupreme Court of Pennsylvania · 1834
- Harmony v. BinghamThe Superior Court of New York City · 1852
3Cited by7 opinions
- First National Bank v. SargeantNebraska Supreme Court · 1902
- De La Cuesta v. Insurance Co. of N. A., Pennsylvania Court of Common Pleas, Philadelphia County1890
- Johnson v. FordTennessee Supreme Court · 1922
- Jones v. Sherwood Distilling Co.Court of Appeals of Maryland · 1926
- Foote v. De PoySupreme Court of Iowa · 1905
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