Smith v. Shippey
Supreme Court of Pennsylvania
Appeal, No. 144, Jan. T., 1895, by plaintiffs, from judgment of C. P. Wyoming Co., Jan. T., 1893, No. 109, on verdict for defendants. Sterrett, C. J., dissents. Assumpsit on a promissory note. Before Sittser, P. J. The facts appear by the opinion of the Supreme Court. At the trial plaintiffs presented among others the following point: The note in suit is a negotiable instrument, and its negotiar bility is not destroyed by reason of the indorsements of the payments thereon.
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Appeal, No. 144, Jan. T., 1895, by plaintiffs, from judgment of C. P. Wyoming Co., Jan. T., 1893, No. 109, on verdict for defendants. Sterrett, C. J., dissents. Assumpsit on a promissory note. Before Sittser, P. J. The facts appear by the opinion of the Supreme Court. At the trial plaintiffs presented among others the following point: The note in suit is a negotiable instrument, and its negotiar bility is not destroyed by reason of the indorsements of the payments thereon. Answer : Refused. [1] Verdict and judgment for defendants. Plaintiffs appealed. Error assigned among others was (1) above…
1Opinion of the Court
Opinion by
Mr. Justice Dean,
The action was assumpsit upon a note, of which the following is a copy:
“$833 33/100. Tunkhannock, July 8th, 1891.
“ One year after date, for value received, we or either of us promise to pay J. Thompson & Co., or order eight hundred and thirty-three 33/100 dollars, at the Wyoming National Bank of Tunkhannoek, Pa., with interest at 6 per cent per annum, interest payable annually.”
This was signed by all of defendants, fifteen in number.
*27On the back of the note were these indorsements: “ July l'lth, 1891, Rec’d of J. C. Reed, thirty-three and 33/100 dollars, to apply on…
2Cases cited4 opinions
- Second National Bank v. MorganSupreme Court of Pennsylvania · 1895
- Woods v. NorthSupreme Court of Pennsylvania · 1877
- Dunning v. HellerSupreme Court of Pennsylvania · 1883
- Ege v. KyleSupreme Court of Pennsylvania · 1834
3Cited by1 opinion
- Bland v. Fidelity Trust Co.Supreme Court of Florida · 1916