Hogg v. Orgill
Supreme Court of Pennsylvania
Error to the District Court of Allegheny county. This was an action of assumpsit by William Orgill against John T. Hogg (impleaded with R. & T. P. Ellis, who were not served with process), on a promissory note for $833.46, dated the 7th February 1853, and purporting to have been made by the firm of R. & T. P. Ellis in favour of the plaintiff.
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Error to the District Court of Allegheny county. This was an action of assumpsit by William Orgill against John T. Hogg (impleaded with R. & T. P. Ellis, who were not served with process), on a promissory note for $833.46, dated the 7th February 1853, and purporting to have been made by the firm of R. & T. P. Ellis in favour of the plaintiff. On the 1st March 1850, John T. Hogg, the defendant, formed, under the statutes of New York, a limited partnership with Robert Ellis and Thomas P. Ellis of the city of New York. By the articles of partnership, Hogg was to be the special partner, and to…
1Opinion of the Court
The opinion of the court was delivered by
Thompson, J.
There was a verdict in favour of the plaintiff below, and defendant in error, subject to the opinion of the court on several reserved points of law. Those questions were subsequently determined by the court in favour of the plaintiff, and judgment entered on the verdict.
There are two questions embraced in the first of these points. 1st. Was the affidavit of defence sufficient under the rule of the District Court, to put the plaintiff on proof of the execution of the note on which the suit was brought ? That rule provides that “ the note,…
2Cases cited5 opinions
- United States Bank v. BinneyU.S. Circuit Court for the District of Massachusetts · 1828
- Argall v. SmithCourt for the Trial of Impeachments and Correction of Errors · 1846
- Houser v. IrvineSupreme Court of Pennsylvania · 1842
- Hannay v. StewartSupreme Court of Pennsylvania · 1837
- Tassey v. ChurchSupreme Court of Pennsylvania · 1842
3Cited by1 opinion
- Lancaster County National Bank v. HenningSupreme Court of Pennsylvania · 1895