Edgar v. Kline
Supreme Court of Pennsylvania
In error from the Common Pleas of Columbia county. July 29. This was an action on a promissory note, originally instituted before a justice of the peace, in which William Edgar, for the use of Elijah G-. Rickets and Alexander B. Stewart, trading under the firm of Rickets and Stewart, were plaintiffs, and Hiram R. Kline was defendant. The defendant appealed from the judgment of the justice, and filed a transcript thereof in the Court of Common Pleas.
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In error from the Common Pleas of Columbia county. July 29. This was an action on a promissory note, originally instituted before a justice of the peace, in which William Edgar, for the use of Elijah G-. Rickets and Alexander B. Stewart, trading under the firm of Rickets and Stewart, were plaintiffs, and Hiram R. Kline was defendant. The defendant appealed from the judgment of the justice, and filed a transcript thereof in the Court of Common Pleas. The note on which suit was brought, was in the following words: — ■ “ September 20,1848. Eighteen months after date, I promise to pay unto…
1Opinion of the CourtBell, J.
The note sued on not being negotiable, there can be no question that Rickerts and Stewart took it subject to every equity existing at the timé of the transfer, between the original parties to it; and, therefore, the admitted failure of the consideration upon which it was given, to say nothing of the falsehood and fraud practised by Edgar upon Kline, affects it fatally in the hands of the equitable assignees, unless, indeed, they were induced to purchase it by Kline’s declaration, that it was a valid instrument and would be paid at maturity. Such a representation, acted upon Iona fide by the…
2Cases cited4 opinions
- Chamberlain v. GorhamNew York Supreme Court · 1822
- M'Mullen ex rel. Rudy v. WennerSupreme Court of Pennsylvania · 1827
- Fenn v. BlanchardSupreme Court of Pennsylvania · 1800
- Weaver v. M'Corkle ex rel. BoydSupreme Court of Pennsylvania · 1826
3Cited by3 opinions
- Howie v. LewisSuperior Court of Pennsylvania · 1900
- Universal Credit Co. v. EnyartMissouri Court of Appeals · 1936
- Lester Bros. ex rel. First National Bank of Saegertown v. Shoop, Pennsylvania Court of Common Pleas, Crawford County1922