Douglass v. Mitchell's
Supreme Court of Pennsylvania
Certificate from the Court of Nisi Prius. This was an action of debt by Robert J. Douglass against J. Eastburn Mitchell, executor of Thomas S. Mitchell, deceased, on the following instruments:— $3500. On demand, I promise to pay Robert J. Douglass, or order, thirty-five hundred dollars, with interest from date (without defalcation) for value received.
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Certificate from the Court of Nisi Prius. This was an action of debt by Robert J. Douglass against J. Eastburn Mitchell, executor of Thomas S. Mitchell, deceased, on the following instruments:— $3500. On demand, I promise to pay Robert J. Douglass, or order, thirty-five hundred dollars, with interest from date (without defalcation) for value received. And I do hereby confess judgment therefor, and release errors; and I hereby also waive all siay of execution from and after the maturity of the above note. Witness my hand and seal this first day of December, A. d. 1852. Thos. S. Mitchell.…
1Opinion of the Court
The opinion of the court was delivered by
Strong, J.
The bill single and the promissory note given in evidence, made out a primé facie ease against the defendant. The signature to the instruments is admitted to have been genuine, but the defence is, that no consideration passed from Douglass to Mitchell for the instruments; that no money was loaned as the plaintiff claims, and from this it is inferred, that the instruments must have been forgeries written over genuine signatures. The disputed ground of the case, therefore, was in the question, whether Thomas S. Mitchell had actually received…
2Cited by15 opinions
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