Adams v. Ashman
Supreme Court of Pennsylvania
Appeal, No. 202, Jan. T., 1900, by plaintiff:, from judgment of C. P. Huntingdon Co., Dec. T., 1899, No. 14, on verdict for defendant, in case of Thomas H. Adams and C. P. Dull, trading as Central Banking Company, v. Sigel Ashman. Assumpsit on a promissory note. At the trial it appeared that the note in suit was the last of a series of renewal notes.
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Appeal, No. 202, Jan. T., 1900, by plaintiff:, from judgment of C. P. Huntingdon Co., Dec. T., 1899, No. 14, on verdict for defendant, in case of Thomas H. Adams and C. P. Dull, trading as Central Banking Company, v. Sigel Ashman. Assumpsit on a promissory note. At the trial it appeared that the note in suit was the last of a series of renewal notes. The defense was that the maker had been induced to give the original note in order to enable L. B. Doty to purchase stock of the Bedford Springs Company; that Doty had made false representations as to the value of the stock, and as to the…
1Opinion of the Court
Opinion by
Mr. Justice Potter,
The question which arises at the outset in this case is, whether the relations between the parties to this action are such as to admit of inquiry into the consideration for the note in suit.
The defenses set up were, first, fraudulent misrepresentations which induced the making of the note by the defendant; and second, an entire failure of consideration. These defenses, if proven, would undoubtedly be good as between the immediate parties; but they are not such as can be allowed to prevail in an action brought by the purchaser of an instrument for value, without…
2Cases cited4 opinions
- Campbell v. SloanSupreme Court of Pennsylvania · 1870
- National Bank v. SteverSupreme Court of Pennsylvania · 1895
- Stockdale v. Keyes Bros.Supreme Court of Pennsylvania · 1875
- McClurkan v. ByersSupreme Court of Pennsylvania · 1874
3Cited by15 opinions
- Fehr v. CampbellSupreme Court of Pennsylvania · 1927
- Payne v. BeaumontCourt of Appeals of Texas · 1922
- Casner v. HoskinsOregon Supreme Court · 1912
- Higgins v. Shenango Pottery Co.Court of Appeals for the Third Circuit · 1958
- Anthon State Bank v. BernardSupreme Court of Iowa · 1922
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