Smalley v. Morris
Supreme Court of Pennsylvania
Appeal, No 427, Jan. T., 1893, by plaintiff, S. D. Smalley, from judgment of C. P. Warren Co., Sept. T., 1892, No. 16, on verdict for defendant, B. F. Morris. Assumpsit on promissory note. Before Noyes, P. J. At the trial, it appeared that the note in suit, which was for 11,833.33, was the fifth of a series of six negotiable promissory notes given on Oct. 3, 1889, and payable at intervals of six months. The notes were given in part payment for certain oil leases.
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Appeal, No 427, Jan. T., 1893, by plaintiff, S. D. Smalley, from judgment of C. P. Warren Co., Sept. T., 1892, No. 16, on verdict for defendant, B. F. Morris. Assumpsit on promissory note. Before Noyes, P. J. At the trial, it appeared that the note in suit, which was for 11,833.33, was the fifth of a series of six negotiable promissory notes given on Oct. 3, 1889, and payable at intervals of six months. The notes were given in part payment for certain oil leases. Defendant alleged that he was induced to purchase the property by fraudulent misrepresentations as to productiveness, etc., made by…
1Opinion of the Court
Opinion by
Mr. Chief Justice Sterrett,
This suit is on a note made by defendant to the order of plaintiffs for $1,833.33 at thirty months from the date thereof, October 30, 1889. It was conceded that this note, with others, was given in part payment for an interest in oil-bearing property then conveyed to defendant by plaintiff. The latter, therefore, upon giving the note in evidence, had a clear prima facie case which, in the absence of a valid defence, would have entitled him to a verdict for the full amount of his claim. Defendant contended, and introduced testimony tending to prove *355that, in…
2Cases cited7 opinions
- Brown v. BeecherSupreme Court of Pennsylvania · 1888
- Fisher v. WorrallSupreme Court of Pennsylvania · 1843
- Blygh v. SamsonSupreme Court of Pennsylvania · 1891
- Bower v. FennSupreme Court of Pennsylvania · 1879
- Tyson v. PassmoreSupreme Court of Pennsylvania · 1845
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- Commonwealth v. FilerSupreme Court of Pennsylvania · 1915
- Groner v. Supreme Tent of the Knights of the Maccabees of the WorldSupreme Court of Pennsylvania · 1919
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