Folwell v. Beaver
Supreme Court of Pennsylvania
IN ERROR. This suit was brought by Folwell and Comly, the plaintiffs in error, who were plaintiffs below in the Court of Common Pleas of Cumberland county, against Peter Beaver and Philip Hoffman, trading under the firm of Peter Beaver and Co., upon their indorsement of a sealed bill.
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IN ERROR. This suit was brought by Folwell and Comly, the plaintiffs in error, who were plaintiffs below in the Court of Common Pleas of Cumberland county, against Peter Beaver and Philip Hoffman, trading under the firm of Peter Beaver and Co., upon their indorsement of a sealed bill. The plaintiffs filed a statement, setting forth a note under seal, dated the 1st of October, 1816, drawn by Owen Bruner, promising to pay Peter Beaver and Co. or order, two years after date the sum of six hundred and sixty-one dollars and thirty-three cents with interest, without defalcation for value received,…
1Opinion of the Court
The opinion of the court was delivered by
Duncan, J.
The foundation of this action was a sealed instrument, in the words following: “We promise to pay to the order of Peter Beaver and Co., two years after date, six hundred and sixty-one dollars and thirty cents, without defalcation, for value received. October 1st, 1816.
(Indorsed) “ P. Beaver and Co.”
The declaration or statement filed contained several counts: the first states the indorsement to contain an assumption to pay the contents, if Beaver did not pay. The second states money had and received for the use of the plaintiffs. The third,…
2Cases cited6 opinions
- Josselyn v. AmesMassachusetts Supreme Judicial Court · 1807
- Miller v. HackleyNew York Supreme Court · 1810
- Griffin v. GoffNew York Supreme Court · 1815
- Graham v. Goudy, Pennsylvania Court of Common Pleas, Westmoreland County1793
- Cummings v. LynnSupreme Court of Pennsylvania · 1789
1 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Houk v. Foley ex rel. GaullagherSupreme Court of Pennsylvania · 1830
- Parkinson v. McKimWisconsin Supreme Court · 1842