Salmon v. Davis
Supreme Court of Pennsylvania
This was an action to recover the amount of three promissory notes, drawn by the defendant in favor of the plaintiffs, on the 18th February, 6th March and 5th April 1805. The pleas were non assumpsit and payment with leave, &c., and under the last plea the defendant gave notice of a special defence, that the debt had been released by Salmon one of the plaintiffs.
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This was an action to recover the amount of three promissory notes, drawn by the defendant in favor of the plaintiffs, on the 18th February, 6th March and 5th April 1805. The pleas were non assumpsit and payment with leave, &c., and under the last plea the defendant gave notice of a special defence, that the debt had been released by Salmon one of the plaintiffs. TJpon the trial before Brackenridge J. at Nisi Prius in November last, the defendant having admitted the handwriting to the notes, gave in evidence that on the 3d April 1805, the plaintiffs dissolved partnership, and on the same day…
1Per curiam
"Whatever may be the state of the question as to Salmon’s interest, still he was properly rejected. His testimony was irrelevant, inasmuch as by his release to Davis, even supposing he released only his moiety of the debt, the action was gone. The motion to take off' the non-suit is, therefore, denied.
Motion denied.
[Cited in 4 W. & S. 290.]
2Cases cited1 opinion
- Nickle v. BaldwinSupreme Court of Pennsylvania · 1842
3Cited by5 opinions
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- Tillier v. WhiteheadSupreme Court of the United States · 1788
- Parke v. SmithSupreme Court of Pennsylvania · 1842