Swanzey v. Parker
Supreme Court of Pennsylvania
Error to the Common Pleas of Juniata county. This was an action of assumpsit by Samuel H. Swanzey against Robert E. Parker and John Laughlin, partners doing business as R. E. Parker & Co. The plaintiff declared on a note, of which the following is a copy:— “ Washington, December 9th 1862. “ Two months after date, we promise to pay to the order of ourselves, nine hundred and twenty-seven dollars, without defalcation, for value received.
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Error to the Common Pleas of Juniata county. This was an action of assumpsit by Samuel H. Swanzey against Robert E. Parker and John Laughlin, partners doing business as R. E. Parker & Co. The plaintiff declared on a note, of which the following is a copy:— “ Washington, December 9th 1862. “ Two months after date, we promise to pay to the order of ourselves, nine hundred and twenty-seven dollars, without defalcation, for value received. “ R. E. Parker & Co. “ Endorsed, R. E. Parker & Co.” This note was given by Laughlin to Pomeroy, who sold it to the plaintiff without any endorsement. Judgment…
1Opinion of the Court
The opinion of the court was delivered, by
Strong, J.
The fundamental question of fact in this case appears to have been whether the note upon which the suit had been brought was the note of R. E. Parker as well as that of Laughlin, the other defendant. It had been given to Pomeroy by Laughlin, and Pomeroy had sold it to the plaintiff. By the sale, he warranted it to be" what it purported, the note of both Parker and Laughlin. A transferrer, even by delivery, of a promissory note or a bill of exchange, though he does not generally warrant the solvency of the maker, does warrant that the bill or…
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- Shelley's EstateSupreme Court of Pennsylvania · 1927
- Baldwin v. ElySuperior Court of Pennsylvania · 1937
- Fidelity & Deposit Co. v. PhillipsSupreme Court of Pennsylvania · 1912
- Murtland v. FloydSupreme Court of Pennsylvania · 1893
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