McConeghy v. Kirk
Supreme Court of Pennsylvania
March 17th 1871. Before Thompson, C. J., Read, Agnew and Sharswood, JJ. Williams, J., at Nisi Prius. Error to the District Court of Philadelphia: No. 62, to July Term 1870. This was an action of assumpsit, brought March 31st 1870, by Elias Kirk, endorser, against George McConeghy, on a note, a copy of which was filed, as follows:— ■ “ $300 Feb. 18th 1869. Nine months after date, I promise to pay to the order of J. J. & J. P. Kirk, at the National Bank of Germantown, three…
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March 17th 1871. Before Thompson, C. J., Read, Agnew and Sharswood, JJ. Williams, J., at Nisi Prius. Error to the District Court of Philadelphia: No. 62, to July Term 1870. This was an action of assumpsit, brought March 31st 1870, by Elias Kirk, endorser, against George McConeghy, on a note, a copy of which was filed, as follows:— ■ “ $300 Feb. 18th 1869. Nine months after date, I promise to pay to the order of J. J. & J. P. Kirk, at the National Bank of Germantown, three hundred dollars without defalcation, for value received. Thomas McCaeeerty. (Endorsed) John J. Kirk, George McConeghy.”…
1Opinion of the Court
The opinion of the court was delivered,
by Sharswood, J.
When a copy is filed in an action against a party secondarily liable as the drawer or endorser of a bill of exchange, or the endorser of a promissory note, under the 2d section of the act entitled “ An Act to establish the District Court for the city and county of Philadelphia,” passed March 28th 1835, Pamph. L. 88, the presumption is that all steps have been duly taken which are necessary to fix liability, such as due presentment, demand of payment at the proper time and place, and *203notice of dishonor; nor is it necessary that there…
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