Legal Opinion

Berghaus v. Alter

Supreme Court of Pennsylvania

Decided May 15, 1840PublishedCited by 12 opinions

ERROR to the common pleas of Dauphin county. Jacob Alter, Thomas Taylor and Solomon J. Dewey, trading in the name of Alter, Taylor & Dewey, against Henry C. Berghaus, who is a.co-promissor with George H. Berghaus. This was an action of debt upon a note. “ Philadelphia, 4th February 1836. Twelve months after date we or either of us promise to pay to the order of Alter, Taylor & Dewey, two .thousand dollars, without defalcation for value received. Geo.

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ERROR to the common pleas of Dauphin county. Jacob Alter, Thomas Taylor and Solomon J. Dewey, trading in the name of Alter, Taylor & Dewey, against Henry C. Berghaus, who is a.co-promissor with George H. Berghaus. This was an action of debt upon a note. “ Philadelphia, 4th February 1836. Twelve months after date we or either of us promise to pay to the order of Alter, Taylor & Dewey, two .thousand dollars, without defalcation for value received. Geo. H. Berghaus. $2000 • Henrt C. Berghaus.” The note having been read in evidence by the plaintiffs, the defendant offered in evidence the…

1Opinion of the Court

The opinion of the Court was delivered by

Kennedy, J.

The first error assigned is, that the court rejected the testimony of George H. Berghaus, taken under a commission, directed to Richard H. Chinn and Todd Robinson, Jun., Esquires, of the city of New Orleans, authorizing them, or either of them, to take it, when it ought to have been received. The objection to the admission of this testimony was made in the court below, first, on the ground that George H. Berghaus, being a joint and several drawer, with the defendant, of the note on which this action is brought, had such an interest in the…

2Cited by12 opinions

  1. Pardee v. MarkleSupreme Court of Pennsylvania · 1886
  2. P. J. Willis & Bro. v. McIntyreTexas Supreme Court · 1888
  3. Phipps v. P. J. Willis & Bro.Court of Appeals of Texas · 1895
  4. Fischbach & Moore, Inc. v. Philadelphia National BankSuperior Court of Pennsylvania · 1938
  5. Pierce v. SweetSupreme Court of Pennsylvania · 1859

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