Legal Opinion

Weaver v. M'Corkle ex rel. Boyd

Supreme Court of Pennsylvania

Decided July 5, 1826PublishedCited by 3 opinions

IN ERROR. On a writ of error to the Court of Common Pleas of Columbia county, the record presented the following case: An action of debt on a bond was brought by Samuel M‘Co7'7ele, for the use of William Boyd, against Jacob Weaver, the plaintiff in error.

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IN ERROR. On a writ of error to the Court of Common Pleas of Columbia county, the record presented the following case: An action of debt on a bond was brought by Samuel M‘Co7'7ele, for the use of William Boyd, against Jacob Weaver, the plaintiff in error. The bond was dated the 16th of December, 1822, conditioned for the payment of six hundred and six dollars and twenty-five cents, three days after dale, to Samuel M‘Corkle, who, on the 28th of February, 1823, transferred it to William Boyd in the words following: “ Pay the within to William Boyd, or order.” Boyd gave notice of this assignment…

1Opinion of the Court

The opinion of the court was delivered by

Tilghmax, C. J.

The argument in favour of Weaver is, that Boyd having acknowledged by his writing of the 28th of February, 1823, that the sum of two hundred and fifty-seven dollars was due to M‘Corkle, and Baldy having paid value for an assignment of that sum, and Weaver having paid'.the same, on the faith *306of the writing, Boyd should not be permitted to gainsay it. " But, in my opinion, this is giving to Boyd’s writing more weight than it is entitled to. if it had been an indorsement of negotiable paper, the argument, would have held good. But that is…

2Cited by3 opinions

  1. Watson's Executors v. McLarenNew York Supreme Court · 1838
  2. Foster v. NewlandNew York Supreme Court · 1839
  3. Edgar v. KlineSupreme Court of Pennsylvania · 1847

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