Legal Opinion

Williams v. Brobst

Supreme Court of Pennsylvania

Decided July 15, 1840PublishedCited by 4 opinions

ERROR to the common pleas of Columbia county. Christian Brobst, endorsee of David Williams, against David Williams. The plaintiff’s cause of action was thus declared upon: “ David Williams, late of the county aforesaid, was summoned to answer Christian A. Brobst of a plea of trespass on the case, &c.

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ERROR to the common pleas of Columbia county. Christian Brobst, endorsee of David Williams, against David Williams. The plaintiff’s cause of action was thus declared upon: “ David Williams, late of the county aforesaid, was summoned to answer Christian A. Brobst of a plea of trespass on the case, &c. And whereupon the said Christian, by James Pleasants, his attorney, complains that whereas a certain Azariah Davis, heretofore, to wit, the Ilth day of August in the year 1837, at Columbia county aforesaid, did make his certain note, in writing, with his proper hand subscribed, bearing date the…

1Opinion of the Court

The opinion of the court was delivered by

Kennedy, J.

This is-an action brought against the plaintiff in error, as the endorser of a negotiable promissory note, by the defendant in error, as his immediate endorsee, and the only question raised by the errors assigned, seems to be, whether sufficient cause be set forth in the declaration for dispensing with a presentment of the note, by the plaintiff below to the maker thereof, for payment at the time it fell due, according to its tenor, and also with the giving of notice to the defendant below, by the plaintiff of the non-payment of the note by…

2Cases cited1 opinion

  1. Barton v. BakerSupreme Court of Pennsylvania · 1815

3Cited by4 opinions

  1. First National Bank of Henderson v. JohnstonSupreme Court of North Carolina · 1915
  2. Ridgway & Budd v. DaySupreme Court of Pennsylvania · 1850
  3. Day v. Ridgway & BuddSupreme Court of Pennsylvania · 1851
  4. First National Bank of Henderson v. JohnstonSupreme Court of North Carolina · 1915

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