Pearce v. Austin
Supreme Court of Pennsylvania
Iff ERROR. Error to the District Court for the City and County of Philadelphia. On the 16th of December, 1837, a summons issued from that Court, returnable on the 1st of January, 1838, in an action on the case entitled, “ Charles B. Austin, agent for the Union Glass Works,” against John Pearce.
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Iff ERROR. Error to the District Court for the City and County of Philadelphia. On the 16th of December, 1837, a summons issued from that Court, returnable on the 1st of January, 1838, in an action on the case entitled, “ Charles B. Austin, agent for the Union Glass Works,” against John Pearce. The plaintiff filed a copy of the note on which the action was brought, and which was as follows: “ Philadelphia, August 18th, 1837, “$127 82. “ Sixty days after date, I promise to pay to the order of John Houghtin, one hundred and twenty-seven dollars eighty-two cents, without defalcation, for value…
1Opinion of the Court
The opinion of the Court was delivered by
Rogers, J. —
A protest, not being necessary in a suit against the drawer, no legal inference can be drawn from an omission to do what the law does not require. There is nothing, therefore, in the first objection.
The suit was brought to recover the amount due on a promissory note, drawn by John Pearce, the defendant, payable sixty days after date, to the order of'John Houghtin. It was endorsed in blank to Charles B. Austin, agent of the Union Glass Works, transferred by him to T. W. Dyott, and the suit is brought in the name of Charles B. Austin, agent…
2Cases cited4 opinions
- Dean v. HewitNew York Supreme Court · 1830
- Mauran v. LambNew York Supreme Court · 1827
- Talman v. GibsonThe Superior Court of New York City · 1828
- Ogilby v. WallaceThe Superior Court of New York City · 1829
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