Burkholder's v. Plank
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of Oumberland county: No. 80, to May Term 1871. On the 4th of October 1869, J. B. Plank brought an action of debt against Samuel Diller, executor, &c., of Jacob Burkholder, deceased, on the following note :— “ Carlisle, March 15th 1869. . “ $3500.00. Six months after date I promise to pay to the order of J. B. Plank, at the Carlisle Deposit Bank, thirty-five hundred dollars, for services, and with interest, without defalcation for value…
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Error to the Court of Common Pleas of Oumberland county: No. 80, to May Term 1871. On the 4th of October 1869, J. B. Plank brought an action of debt against Samuel Diller, executor, &c., of Jacob Burkholder, deceased, on the following note :— “ Carlisle, March 15th 1869. . “ $3500.00. Six months after date I promise to pay to the order of J. B. Plank, at the Carlisle Deposit Bank, thirty-five hundred dollars, for services, and with interest, without defalcation for value received. Jacob Burkholder, [seal.] In addition to the count in the declaration on the note, the common counts were added.…
1Opinion of the Court
The opinion of the court was delivered, October 9th 1871, by
Sharswood, J.
In an action upon a bond or note under seal, want of consideration is no defence: Sherk v. Endress, 3 W. & S. 255; Yard v. Patton, 1 Harris 278. The late Chief Justice Lewis very clearly draws the distinction between want and failure of consideration in Candor & Henderson’s Appeal, 3 Casey 119. If fraud or imposition on the obligor or maker is set up as a defence, then not merely whether there was any consideration, but its adequacy, may be very material as an element in that question. If Jacob Burk-holder in the…
2Cases cited1 opinion
- Sherk v. EndressSupreme Court of Pennsylvania · 1842
3Cited by12 opinions
- Piper v. QueeneySupreme Court of Pennsylvania · 1924
- Maxler v. HawkSupreme Court of Pennsylvania · 1912
- Anderson v. BestSupreme Court of Pennsylvania · 1896
- Steel v. SnyderSupreme Court of Pennsylvania · 1928
- Henry's EstateSupreme Court of Pennsylvania · 1923
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