Lyon v. Chalker
Supreme Court of Pennsylvania
ERROR to Susquehannah county. This was an action, brought before a justice, in which Samuel Chalker for the use of Joseph Chalker, was plaintiff, and Daniel Lyon was defendant, on the following note. “ November 28, 1829. For value received I promise to pay Samuel Chalker or bearer 91 dollars and 88 cents in cabinet work to be delivered at my shop one year from date. “Daniel Lyon.”
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ERROR to Susquehannah county. This was an action, brought before a justice, in which Samuel Chalker for the use of Joseph Chalker, was plaintiff, and Daniel Lyon was defendant, on the following note. “ November 28, 1829. For value received I promise to pay Samuel Chalker or bearer 91 dollars and 88 cents in cabinet work to be delivered at my shop one year from date. “Daniel Lyon.” The defendant plead non assumpsit, payment, set-off, tender and refusal, with leave to give the special matter in evidence; andalso that the said Samuel Chalker, on the 1st day of May last past, sold, delivered and…
1Per curiam
It was offered to be shown that the note on which suit is brought had been previously sued in the name of one who was the holder at the time, and a judgment rendered on it for the defendant. This judgment seems to have been considered in the court below to be res inter alios acta, because the action in which it was rendered had not been brought in the name of the payee, who alone could sue, the note being payable in cabinet work, and consequently not negotiable to give an action to the holder. This is an ungracious objection doming from the party beneficially interested here, who was present…
2Cases cited1 opinion
- Caldwell v. ThompsonSupreme Court of Pennsylvania · 1829
3Cited by4 opinions
- Justice v. MeekerSuperior Court of Pennsylvania · 1906
- Gue v. Kline & ReifsnyderSupreme Court of Pennsylvania · 1850
- Elkinton v. FennimoreSupreme Court of Pennsylvania · 1850
- Giffen v. St. Clair TownshipSupreme Court of Pennsylvania · 1842