Spalding v. Bank of Susquehanna County
Supreme Court of Pennsylvania
In error from the Common Pleas of Bradford. July 13. Assumpsit against the endorser of a note drawn by Clapp; The defendant offered the deposition of Clapp, the drawer, and, to show that he had no interest, offered to prove he had been released before his deposition was taken, but the paper was lost. His attorney proved that when he last saw the instrument, it was in Clapp’s possession, who left the state shortly after the deposition was taken.
Read the full summary
In error from the Common Pleas of Bradford. July 13. Assumpsit against the endorser of a note drawn by Clapp; The defendant offered the deposition of Clapp, the drawer, and, to show that he had no interest, offered to prove he had been released before his deposition was taken, but the paper was lost. His attorney proved that when he last saw the instrument, it was in Clapp’s possession, who left the state shortly after the deposition was taken. His books and papers were left and searched by the witness to find this release. The witness had inquired of Clapp’s wife, and received answer, that…
1Opinion of the CourtCoulter, J.
The first error assigned is the rejection by the court of the deposition of N. Clapp. The deposition was regularly taken, and Clapp was out of the jurisdiction of the court, at least could not be found on diligent inquiry. The ground of rejection was that the witness was interested, being liable to the defendant below for the costs of the suit as maker or drawer of the note on which this suit is brought against Spalding, one of the endorsers. The defendant proved that he had given the drawer, Clapp, a written release, duly executed, before the deposition was taken, and then proved that search…
2Cases cited2 opinions
- Belden v. DaviesThe Superior Court of New York City · 1829
- Bank v. KlingensmithSupreme Court of Pennsylvania · 1838
3Cited by1 opinion
- Boyd v. Tecumseh State BankSupreme Court of Oklahoma · 1915