Watts v. Cummins
Supreme Court of Pennsylvania
Error to tbe Court of Common Pleas of Mifflin county. Of May Term 1868, No. 50. This was an action of debt, by John M. Cummins against Samuel Watts, commenced Januai’y 1st 1867. Tbe plea was payment with leave, &c. Tbe suit was on a promissory note made by tbe defendant, and dated August 16tb 1865, for $1000, payable six months after date, to tbe order of C. K. Davis, J. H. McEarlane and D. W. Woods, wbo endorsed it to tbe plaintiff.
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Error to tbe Court of Common Pleas of Mifflin county. Of May Term 1868, No. 50. This was an action of debt, by John M. Cummins against Samuel Watts, commenced Januai’y 1st 1867. Tbe plea was payment with leave, &c. Tbe suit was on a promissory note made by tbe defendant, and dated August 16tb 1865, for $1000, payable six months after date, to tbe order of C. K. Davis, J. H. McEarlane and D. W. Woods, wbo endorsed it to tbe plaintiff. Tbe payees of tbe note were owners of a tract of land in Yenango county, supposed to be oil land. Tbe Kishaco quillas Oil Company was organized for purchasing…
1Opinion of the Court
The opinion of the court was delivered, May 27th 1868, by
Agnew, J.
It is always esteemed unfair to select a single sentence or two in a charge and insist on it. as error, without reference to other portions, which explain its meaning or exhibit its bearing. We must also look at the state of the case before the jury to determine its effect. The portion of the charge assigned for error in this case, unexplained by its context, and the subject of contest, would appear to be inconsistent with the subsequent answers to the defendant’s points. The payees of the note in suit were the owners of a…
2Cases cited3 opinions
- Fisher v. WorrallSupreme Court of Pennsylvania · 1843
- Geiger v. CookSupreme Court of Pennsylvania · 1842
- Bishop v. ReedSupreme Court of Pennsylvania · 1842
3Cited by3 opinions
- Franklin Sugar Refining Co. v. Hanscom Bros.Supreme Court of Pennsylvania · 1922
- Murphy v. DyerSupreme Court of Pennsylvania · 1909
- Commonwealth Trust Co. General Mortgage Investment Fund CaseSupreme Court of Pennsylvania · 1947