Smith v. Black
Supreme Court of Pennsylvania
IN ERROR. This was a writ of error to the District Court for the city and county of Philadelphia, in a suit brought by John Black against Newbery Smith and Nathan Smith, in which that court rendered judgment .for the plantiff below. The first count of the declaration was on a promissory note signed N Smith, drawn by Nathan Smith in favour of and indorsed by ./. Bogers, delivered by Nathan Smith to the plaintiff Black in payment for goods sold.
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IN ERROR. This was a writ of error to the District Court for the city and county of Philadelphia, in a suit brought by John Black against Newbery Smith and Nathan Smith, in which that court rendered judgment .for the plantiff below. The first count of the declaration was on a promissory note signed N Smith, drawn by Nathan Smith in favour of and indorsed by ./. Bogers, delivered by Nathan Smith to the plaintiff Black in payment for goods sold. The second and third counts were for goods sold. The defendants pleaded in bar to the first count a former recovery by the plaintiff in a suit on the…
1Opinion of the Court
The opinion of the court was delivered by
Duncan, J.
By agreement of parties, all objections- as to the form of pleading are waived, and the cause is to be decided on its merits. The case then is this. John Black, the defendant in error, sold certain goods to Nathan Smith, one of the plaintiffs in error, and took his note, which he put in suit, and prosecuted to judgment, on which, however, he has obtained no satisfaction. Af-terwards, supposing Newberry Smith, the other plaintiff in error, to be a secret partner, he-instituted this action against both. It is to be taken for granted, that when…
2Cases cited3 opinions
- Robertson v. SmithNew York Supreme Court · 1821
- Ward v. JohnsonMassachusetts Supreme Judicial Court · 1816
- Penny v. MartinNew York Court of Chancery · 1820
3Cited by11 opinions
- Thompson v. EmmertIllinois Supreme Court · 1854
- North v. Mudge & Co.Supreme Court of Iowa · 1862
- Anderson v. LevanSupreme Court of Pennsylvania · 1841
- Brown's adm'r v. JohnsonSupreme Court of Virginia · 1857
- Blythe v. CordinglyColorado Court of Appeals · 1905
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