Hall v. Toby
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of Warren county: Of January Term 1885, No. 457. Assumpsit by William Toby and D. B. Toby, doing business as William Toby, for use of D. B. Toby against S. P. Hall and Henry Souther, executors of the will of Orris Hall, deceased. Subsequently, the court on motion of plaintiffs’ attorney amended the record so as to make D. B. Toby alone the plaintiff.
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Error to the Court of Common Pleas of Warren county: Of January Term 1885, No. 457. Assumpsit by William Toby and D. B. Toby, doing business as William Toby, for use of D. B. Toby against S. P. Hall and Henry Souther, executors of the will of Orris Hall, deceased. Subsequently, the court on motion of plaintiffs’ attorney amended the record so as to make D. B. Toby alone the plaintiff. The defendants afterwards moved to strike off this order for the following reasons: (1.) The motion of plaintiffs was not based upon an affidavit. (2.) The same was made improvidently and without notice to the…
1Opinion of the Court
The opinion of the court was filed October 5th, 1885.
2Per curiam
— This note was negotiable. It contained an absolute and unconditional promise to pay to Wm. Tobv or order the sum specified. As no time of payment was therein expressed, the law adjudges the money to be payable immediately. A right of action accrued at once and would be barred by the Statute of Limitations at the expiration of six years thereafter. The note had all the essential language to constitute a promissory note. The legal right of action thereon would have passed by endorsement and delivery. For purpose of transfer the assignment…
3Cited by4 opinions
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