Legal Opinion

Smith v. Bank of Washington

Supreme Court of Pennsylvania

Decided September 9, 1819PublishedCited by 7 opinions

In ERROR. ERROR to the Court of Common Pleas of Washington . • ° COttHty* . This action was brought by the defendant in error the plaintiff below, against James Smith, to recover upon a prom*ssory note drawn by Joseph S. Newell in favour of and indorsed by the defendant Smith.

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In ERROR. ERROR to the Court of Common Pleas of Washington . • ° COttHty* . This action was brought by the defendant in error the plaintiff below, against James Smith, to recover upon a prom*ssory note drawn by Joseph S. Newell in favour of and indorsed by the defendant Smith. On the trial, in the Court below, the plaintiff offered John Wilson as a witness, who was °bjecte It appeared in evidence, that the note on which the suit was brought, was protested at Washington for non-payment on the 13th May; and on the morning of that or the next day a regular notice of the protest, and non-payment,…

1Opinion of the Court

The opinion of the Court was delivered by

Gibson J.

This was an action by the defendant in error, the plaintiff below, against Smith, as the indorser of a promissory note drawn by a certain Joseph S. Newell. At the trial, the plaintiff below produced a certain John Wilson, as a witness, who at the time was a stockholder in the Bank, and interested, but who, on an objection to his competency, executed a regular transfer of his stock to his daughter then residing in Philadelphia. The daughter had no agent in the town of Washington, but the transfer was delivered to the cashier for her use, though…

2Cases cited2 opinions

  1. Bank of the United States v. DeveauxSupreme Court of the United States · 1809
  2. The Hope Insurance Company of Providence v. BoardmanSupreme Court of the United States · 1809

3Cited by7 opinions

  1. Weakly v. Bell & SterlingSupreme Court of Pennsylvania · 1840
  2. North v. TurnerSupreme Court of Pennsylvania · 1823
  3. Hannah v. SwarnerSupreme Court of Pennsylvania · 1839
  4. M'Kinney v. RhoadsSupreme Court of Pennsylvania · 1836
  5. Carter v. TruemanSupreme Court of Pennsylvania · 1847

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