Legal Opinion

Rising v. Patterson

Supreme Court of Pennsylvania

Decided February 20, 1840PublishedCited by 3 opinions

IN ERROR. Error to the District Court for the City and County of Philadelphia, to remove the record of an action on the case, brought by Robert Patterson, Wm. C. Patterson and James E. Negus, trading under the firm of Robert Patterson & Co., against Daniel B. Rising- and James W. Harris, trading under the firm of Rising & Harris. The plaintiffs filed the following copies of the bills of exchange upon which the action was brought.

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IN ERROR. Error to the District Court for the City and County of Philadelphia, to remove the record of an action on the case, brought by Robert Patterson, Wm. C. Patterson and James E. Negus, trading under the firm of Robert Patterson & Co., against Daniel B. Rising- and James W. Harris, trading under the firm of Rising & Harris. The plaintiffs filed the following copies of the bills of exchange upon which the action was brought. “Exchange for $500. No. 676. Nashville, Feb. 15, 1837. Sixty days after date of this first of'exchange, (second of same tenor and date unpaid,) pay to S. W. & P. C.…

1Opinion of the Court

The judgment of the Court was delivered by

Huston, J.

—

The proceedings of the District Court, under the act of the 28th of March, 1835, have been matters of difficulty in that Court and this. It is not easy, nay it is very difficult, at once to settle the practice under any act of the legislature introducing many new provisions, dr one provision, instead of former practice. The act in question provides that “in all actions instituted in the said Court, on bills, notes, bonds or other instruments of writing for the payment of money, &c. &c., it shall be lawful for the plaintiff on or at any time…

2Cases cited2 opinions

  1. Nicholas v. AdamsSupreme Court of Pennsylvania · 1836
  2. West v. SimmonsSupreme Court of Pennsylvania · 1837

3Cited by3 opinions

  1. Northern Nat. Bank v. HoopesU.S. Circuit Court for the District of Eastern Pennsylvania · 1900
  2. Bright v. Murray, Pennsylvania Court of Common Pleas, Schuylkill County1872
  3. Mt. Holly Water Co. v. Borough of Mt. Holly SpringsSuperior Court of Pennsylvania · 1899

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