Dutton v. Tilden
Supreme Court of Pennsylvania
Error to tbe District Court of Philadelphia. This was an action by Tilden, to recover from Dutton, $175 and interest, being alledged to have been cash paid to Dutton, by Tilden, for a promissory note, on which the indorsement was a forgery. On the trial, the plaintiff gave in evidence the note and protest.
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Error to tbe District Court of Philadelphia. This was an action by Tilden, to recover from Dutton, $175 and interest, being alledged to have been cash paid to Dutton, by Tilden, for a promissory note, on which the indorsement was a forgery. On the trial, the plaintiff gave in evidence the note and protest. The note is as follows : $300. Wilmington, March 1,1848. Four months after date, I promise to pay to the order of Benjamin Webb, three hundred dollars, without defalcation, for value received. Payable at Bank Delaware. Signed, Newlin Pyle, Indorsed, Benjamin Webb, II. Tilden, T. A. Vandyke,…
1Opinion of the Court
The opinion of the court was delivered by
Bell, J.
Tilden, the plaintiff below, brought assumpsit against Dutton, to recover the sum of $17 5, alledged to have been paid to the latter, in purchase of a promissory note, drawn by one Pyle, and supposed to be indorsed by Webb, which, indorsement turned out to be a forgery, and so the note proved to be worthless. To establish his case, the plaintiff gave in evidence the note, proved the forgery, and then read Dutton’s receipt, acknowledging to have received from Tilden $175 in full for the promissory note, “which I have sold this day to H. Tilden,…
2Cases cited3 opinions
- Parke v. ChadwickSupreme Court of Pennsylvania · 1844
- Hamilton v. executors of M'GuireSupreme Court of Pennsylvania · 1817
- Jones v. PattersonSupreme Court of Pennsylvania · 1841