Weakly v. Bell & Sterling
Supreme Court of Pennsylvania
ERROR to the common pleas of Cumberland county. This was an action of debt by Bell & Sterling against James Weakly, founded on a promissory note, dated the 8th of October 1821, for 270 dollars, at three months, drawn by Gray & Cauffman to Richard H Hall, payable at the Carlisle Bank, endorsed “ R. H. Hall, James Weakly, R. H. Hall,-again, Bell & Sterling, and Bell & Horner.”
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ERROR to the common pleas of Cumberland county. This was an action of debt by Bell & Sterling against James Weakly, founded on a promissory note, dated the 8th of October 1821, for 270 dollars, at three months, drawn by Gray & Cauffman to Richard H Hall, payable at the Carlisle Bank, endorsed “ R. H. Hall, James Weakly, R. H. Hall,-again, Bell & Sterling, and Bell & Horner.” The handwriting of the defendant, James Weakly, having been admitted, the plaintiff offered the note in evidence, to which the defendant objected: 1st. Without proof of the handwriting of the other endorsers, no title to…
1Opinion of the Court
The opinion of the court was delivered by
Kennedy, J.
The first error assigned is an exception to the opinion of the court below, admitting the note, with some of the endorsements thereon, to be read in evidence to the jury, without proof having been first made, that all the endorsements were true. It certainly was not requisite to make proof of all the endorsements' as they appeared on the notes, to entitle the plaintiffs below to give it in evidence to the jury, unless they had been averred in the declaration to have been made, which does not appear to be the case; *278nor yet to entitle them to…
2Cases cited8 opinions
- Day & Penfield v. Leal & LealNew York Supreme Court · 1817
- Ripley v. GreenleafSupreme Court of Vermont · 1829
- Smith v. Bank of WashingtonSupreme Court of Pennsylvania · 1819
- Smyth v. HawthornSupreme Court of Pennsylvania · 1832
- Wallace v. FairmanSupreme Court of Pennsylvania · 1835
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3Cited by28 opinions
- Smith Ex Rel. Cushing v. Corporation of WashingtonSupreme Court of the United States · 1858
- Dorman v. City of JacksonvilleSupreme Court of Florida · 1869
- Buck v. WilsonSupreme Court of Pennsylvania · 1886
- Bank of Pennsylvania v. PotiusSupreme Court of Pennsylvania · 1840
- Brown v. ScottSupreme Court of Pennsylvania · 1865
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