Connelly v. McKean
Supreme Court of Pennsylvania
Error to the District Court of Philadelphia: Of July Term 1869, No. 27. This was an action of assumpsit, brought in March 1867, by Allen McKean, administrator, &e., of Hugh Tyler, deceased, against Harry Connelly, Jr., administrator, &c., of Harry Connelly, deceased.
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Error to the District Court of Philadelphia: Of July Term 1869, No. 27. This was an action of assumpsit, brought in March 1867, by Allen McKean, administrator, &e., of Hugh Tyler, deceased, against Harry Connelly, Jr., administrator, &c., of Harry Connelly, deceased. The case was on the following note, found in Tyler’s possession after his death, without endorsement: “ [$1500.] Philadelphia, June 5th 1861. Thirty days after date, I promise to pay to the order of Mr. Hugh Tyler, fifteen hundred dollars, without defalcation. Value received. Harry Connelly.” It went to trial before Hare, P. J.,…
1Opinion of the Court
The opinion of the court was delivered,
by Sharswood, J.
— Had the case been tried below on the general *117issue under the plea of non assumpsit, the several drafts offered, as well as the letter of Tyler, dated June 7th 1861, and the testimony of Mr. Bayard, would have been competent evidence as tending to show the relations between the parties, that their course of 'business was to lend their names to each other to raise money, and that the note declared on was of that character. Indeed the letter of June 7th 1861 is hardly susceptible of any other construction. It is dated at Washington two…
2Cases cited2 opinions
- Garlock v. GeortnerNew York Supreme Court · 1831
- Alvord v. BakerNew York Supreme Court · 1832
3Cited by2 opinions
- Helzer v. HelzerSupreme Court of Pennsylvania · 1899
- First National Bank v. GerliSupreme Court of Pennsylvania · 1911