Elkinton v. Fennimore
Supreme Court of Pennsylvania
Error, to tbe Common Pleas of Philadelphia City and County. This suit was originally brought by Benjamin S. Fennimore, the defendant in error, against John A. Elkinton, the plaintiff in error, before an alderman, upon an instrument of writing, dated on the 25th of April, 1842, made by D. B. Beck, and promising “ to pay on demand to John A. Elkinton, or order, thirty-seven dollars and fifty cents, in painting, glazing, tailoring or beef, at market prices, without defalcation,…
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Error, to tbe Common Pleas of Philadelphia City and County. This suit was originally brought by Benjamin S. Fennimore, the defendant in error, against John A. Elkinton, the plaintiff in error, before an alderman, upon an instrument of writing, dated on the 25th of April, 1842, made by D. B. Beck, and promising “ to pay on demand to John A. Elkinton, or order, thirty-seven dollars and fifty cents, in painting, glazing, tailoring or beef, at market prices, without defalcation, for value received.” Elkinton endorsed this note “pay the bearer,” and passed it to Isaac Perkins in payment for…
1Opinion of the Court
The opinion of the court was delivered by
Coulter, J.
This is a proceeding commenced before an aider-man, under the $100 act of 1810. A judgment was rendered against the defendant after the examination of witnesses on part of plaintiff below, on the day appointed for hearing, of which the defendant was duly notified. Upon his application, afterwards, the judgment was opened, and a new trial granted, upon which trial judgment was again rendered in favour of plaintiff. From this judgment the defendant appealed to the Common Pleas. The plaintiff filed his declaration containing several counts, to…
2Cases cited6 opinions
- M'Cahan v. HirstSupreme Court of Pennsylvania · 1838
- Leidy v. TammanySupreme Court of Pennsylvania · 1840
- Gray v. DonahoeSupreme Court of Pennsylvania · 1835
- Lyon v. ChalkerSupreme Court of Pennsylvania · 1833
- Fahnestock v. SchoyerSupreme Court of Pennsylvania · 1839
1 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Burke's EstateSupreme Court of Pennsylvania · 1927
- Humbert v. ChopyDistrict Court, D. Colorado · 1914