Marsh v. Marshall
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of Erie county. F. E. Marshall brought an action of assumpsit on the 22d of February 1866, against A. T. Marsh and W. L. Cleveland, as endorsers of a note held by him, a copy of which he filed, exhibiting his claim, as follows:— “ $1500. “ Erie, Pa., Dec. 4th 1865. “ Sixty days after date, I promise to pay to the order of A. T. Marsh and W. L. Cleveland Fifteen Hundred Dollars, at the Marine National Bank of Erie.
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Error to the Court of Common Pleas of Erie county. F. E. Marshall brought an action of assumpsit on the 22d of February 1866, against A. T. Marsh and W. L. Cleveland, as endorsers of a note held by him, a copy of which he filed, exhibiting his claim, as follows:— “ $1500. “ Erie, Pa., Dec. 4th 1865. “ Sixty days after date, I promise to pay to the order of A. T. Marsh and W. L. Cleveland Fifteen Hundred Dollars, at the Marine National Bank of Erie. Yalue received. [Signed] “F. Gr. Irwin.” [Endorsed] “ A. T. Marsh, “W. L. Cleveland.” The defendants filed the following affidavit of defence made…
1Opinion of the Court
The opinion of the court was delivered, by
Woodward, C. J.
The only question here is upon the sufficiency of the affidavit of defence. The action was by an endorsee of a promissory note against Marsh & Cleveland, the payees, who were also the endorsers; and the affidavit of defence was made not by either of them but by Irwin the maker of the note. Some doubt was expressed on the argument, whether an affidavit made by a third party could avail the defendants upon the record ; but the rule of court in Erie county has been produced, which shows that the affidavit may be made by the defendant, “ or…
2Cited by3 opinions
- Commonwealth ex rel. Snyder v. SnyderSuperior Court of Pennsylvania · 1896
- Farnham Co. v. Southeastern Const. Co.U.S. Circuit Court for the District of Eastern Pennsylvania · 1906
- Kempe v. NunnSuperior Court of Pennsylvania · 1922