Middleton v. Boston Locomotive Works
Supreme Court of Pennsylvania
Error to the District Court of Philadelphia. This was an action brought by the Boston Locomotive "Works against John W. Middleton, on the following promissory note:— $2084. February 24, 1858. On the tenth day of May, eighteen hundred and fifty-four, I promise to pay, for value received, to the order of John B. Gray, two thousand and eighty-four dollars, with interest, at the rate of_ six per cent, per annum, from the tenth day of December, eighteen hundred and fifty-three,…
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Error to the District Court of Philadelphia. This was an action brought by the Boston Locomotive "Works against John W. Middleton, on the following promissory note:— $2084. February 24, 1858. On the tenth day of May, eighteen hundred and fifty-four, I promise to pay, for value received, to the order of John B. Gray, two thousand and eighty-four dollars, with interest, at the rate of_ six per cent, per annum, from the tenth day of December, eighteen hundred and fifty-three, until paid, payable and negotiable, without defalcation, at the Bank of Pennsylvania, in the city of Philadelphia. John…
1Opinion of the Court
The opinion of the court was delivered by
Lewis, C. J.
No errors have been assigned, nor has the decision of the court, rejecting the evidence, been certified by bill of exceptions as required by law. The judgment must therefore be affirmed. But if the error complained of in the argument had been placed on the record, it could not avail the plaintiff in error either under the pleadings in the cause, or in any other form of pleading. The note'is made “negotiable and payable” at a specified bank. It is not pretended that it has been paid, or that funds have been deposited in the bank for the…
2Cases cited4 opinions
- Wallace v. McConnellSupreme Court of the United States · 1839
- Bank of United States v. SmithSupreme Court of the United States · 1826
- Ruggles v. PattenMassachusetts Supreme Judicial Court · 1812
- Buswell v. DavisSuperior Court of New Hampshire · 1839