Hamilton v. Neel
Supreme Court of Pennsylvania
ERROR to the common pleas of Mleghany county. This was an action of debt upon a sealed note by John Neel against Samuel Hamilton.
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ERROR to the common pleas of Mleghany county. This was an action of debt upon a sealed note by John Neel against Samuel Hamilton. The note was dated the 31st of March 1814, payable on demand, and had the following indorsement upon it: “ Credit by assignment on Thomas Jones of 328 dollars, April 6th, 1814.” It appeared in evidence that Samuel Hamilton had a mortgage of Thomas Jones, dated the 7th of January 1813, and the credit indorsed opon the note in suit was in fact an assignment of 328 dollars of this mortgage by Hamilton to Neel the plaintiff. It also appeared in evidence that in 1833…
1Opinion of the Court
The opinion of the Court was delivered by
Kennedy, J.
The counsel for the plaintiff in error, who was the defendant in the court below, propounded nine points there, in order to have the direction of the court thereon to .the jury; and now complain here that the court below erred in their direction to the jury on most of them, as also in other matters which occurred on the trial; all of which are specified and set out in the errors. A statement of the cause of action, however, and the ground and circumstances relied on for a defence, it is conceived, will show that some of the points made did…
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