Jack v. Morrison
Supreme Court of Pennsylvania
Error to the Common Pleas of Allegheny county. This was an action of assumpsit by Hugh Morrison against James P. Jack. The plaintiff claimed to recover on a note, dated June 9th 1857,’.by Robert Wray to the order of Hugh Morrison, for $510, payable in two years from date, with interest. Endorsed, Hugh Morrison, James P. Jack, James Yerner. The declaration charged James P. Jack upon a parol contract of guaranty, and that he had endorsed the note in pursuance of that contract.
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Error to the Common Pleas of Allegheny county. This was an action of assumpsit by Hugh Morrison against James P. Jack. The plaintiff claimed to recover on a note, dated June 9th 1857,’.by Robert Wray to the order of Hugh Morrison, for $510, payable in two years from date, with interest. Endorsed, Hugh Morrison, James P. Jack, James Yerner. The declaration charged James P. Jack upon a parol contract of guaranty, and that he had endorsed the note in pursuance of that contract. On the trial of the cause the common counts were added. After giving the note in evidence, the plaintiff called John O.…
1Opinion of the Court
The opinion of the court was delivered by
Woodward, C. J.
— The action was by a first against a second endorser of a negotiable note drawn by Robert Wray; but as no action could result to Morrison, the plaintiff, out of that relation, he declared against Jack upon a parol contract of guaranty, and alleged that Jack had endorsed the note in pursuance of that contract. The difficulty in the way of the plaintiff’s enforcing such a contract was our Act of Assembly of 26th April 1855, requiring an “ agreement or memorandum in writing, or a note thereof” to bind Jack to pay Wray’s debt. And it was an…
2Cited by3 opinions
- Temple v. BakerSupreme Court of Pennsylvania · 1889
- Reardon's EstateSupreme Court of Pennsylvania · 1932
- Seaton's EstateSupreme Court of Pennsylvania · 1937