Black v. Halstead
Supreme Court of Pennsylvania
Error to the Common pleas of Northampton county. This was an action of assumpsit, brought by Pearson S. Hal-stead, John C. Chamberlain, and Ebenezer Pray, dealing under the firm of Halstead, Chamberlain & Co., against Robert’ P. Black. The declaration set forth a promissory note made by defendant, July 2d 1857, to Stiles & Carey, for $2000, at ninety days, with an endorsement thereof by Stiles & Carey, to the plaintiffs.
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Error to the Common pleas of Northampton county. This was an action of assumpsit, brought by Pearson S. Hal-stead, John C. Chamberlain, and Ebenezer Pray, dealing under the firm of Halstead, Chamberlain & Co., against Robert’ P. Black. The declaration set forth a promissory note made by defendant, July 2d 1857, to Stiles & Carey, for $2000, at ninety days, with an endorsement thereof by Stiles & Carey, to the plaintiffs. On the 12th of November 1858, the plaintiffs’ statement, with an affidavit and a copy of the note, was filed, and, on the 14th of December 1858, the defendant filed the…
1Opinion of the Court
The opinion of the court was delivered,
by Strong, J.
The averment in the affidavit that the defendant had been informed and had reason to believe that the note sued on remained in the possession of the payees, Stiles & Carey, after they had endorsed and delivered over the other note to the Citizens’ Bank, must be regarded as of no importance. It contains no allegation that he expected to prove the fact of which he had been informed and which he believed. When a defendant claims to have a defence against an apparent indebtedness, and undertakes to set out its nature and character, so that a…
2Cited by3 opinions
- Tilli v. VandegriftSuperior Court of Pennsylvania · 1901
- Eliel v. ChamberlainSuperior Court of Pennsylvania · 1912
- Phillips v. AllenSuperior Court of Pennsylvania · 1907