Smyth v. Hawthorn
Supreme Court of Pennsylvania
IN ERROR. On a writ of error to the District Court for the city and county of Philadelphia, it appeared that this action was brought by the defendant in error, John JY. .Hawthorn, as surviving partner of the late firm of MClintock, Hawthorn ¿p Co. to recover the amount due upon a promissory note, drawn by John G. Gannon in favour of, and endorsed by John Smyth, the defendant below and plaintiff in error, for three hundred and sixteen dollars, and twenty-five cents, dated…
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IN ERROR. On a writ of error to the District Court for the city and county of Philadelphia, it appeared that this action was brought by the defendant in error, John JY. .Hawthorn, as surviving partner of the late firm of MClintock, Hawthorn ¿p Co. to recover the amount due upon a promissory note, drawn by John G. Gannon in favour of, and endorsed by John Smyth, the defendant below and plaintiff in error, for three hundred and sixteen dollars, and twenty-five cents, dated JYeio York, February 9th, 1826, and payable six months after date. On the trial in the court below the plaintiff offered in…
1Opinion of the Court
The opinion of the court was delivered by
Rogers, J.
The possession of the note was prima facie, sufficient to entitle the plaintiff to recover; and we fully agree with the District Court, that no circumstances of suspicion were exhibited, which would make it necessary to prove the consideration paid, or the manner in which the note came into the possession of the plaintiff This was the case of a note, endorsed in blank, which passes by delivery, so that possession is such evidence of title as to authorise a payment to the holder. This is a singular defence;' the indorser undertakes to contest…
2Cases cited1 opinion
- Smedes v. President of Bank of UticaNew York Supreme Court · 1823
3Cited by7 opinions
- Weakly v. Bell & SterlingSupreme Court of Pennsylvania · 1840
- State ex rel. Oliver v. RottakenSupreme Court of Arkansas · 1879
- Wilson v. RichardsSupreme Court of Minnesota · 1881
- Farmers' National Bank v. MarshallSuperior Court of Pennsylvania · 1899
- Haly v. BrownSupreme Court of Pennsylvania · 1847
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