Hoffman v. Foster & Co.
Supreme Court of Pennsylvania
Error to the Common Pleas^of Berks county. This was an action of debt, brought August 5th 1861, by-Thomas Foster and Catherine Foster, doing business as Thomas Foster & Co., against Jacob Hoffman.
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Error to the Common Pleas^of Berks county. This was an action of debt, brought August 5th 1861, by-Thomas Foster and Catherine Foster, doing business as Thomas Foster & Co., against Jacob Hoffman. The plaintiff filed a statement on a promissory note drawn by defendant, at' Reading, February 2d 1861, to the order of John Maginnis, for $252.80, payable sixty days after date, and endorsed in blank by Maginnis, and with it filed a copy of the note and endorsement with the usual affidavit. The defendant thereupon filed the following affidavit of defence :— “ The defendant, being duly sworn, says,…
1Opinion of the Court
The opinion of the court was delivered, by
Read, J.
The affidavit of defénce discloses the fact that the note upon which this suit was brought was made by the defendant, for the accommodation of John Maginnis, residing in Schuylkill county, and was enclosed in a letter to him; that Maginnis a short time afterwards wrote to the defendant, informing him that the letter was received, but had been opened by some person, and the note taken out, requesting the defendant to enclose another note, stating that if the note got into his possession he would refund it. The defendant, on this representation,…
2Cases cited1 opinion
- Bever v. ButlerOhio Supreme Court · 1833
3Cited by5 opinions
- Camden National Bank v. Fries-Breslin Co.Supreme Court of Pennsylvania · 1906
- Hart v. United States Trust Co.Supreme Court of Pennsylvania · 1888
- Eliel v. ChamberlainSuperior Court of Pennsylvania · 1912
- Peale v. AddicksSupreme Court of Pennsylvania · 1896
- Bank of Morehead v. HernigSupreme Court of Pennsylvania · 1908