Moorehead v. Gilmore
Supreme Court of Pennsylvania
Error to the District Court of Allegheny county: No. 117, to October and November Term 1874. This was an action of assumpsit, brought January 13th 1873, by D. & H. Gilmore against James K. Moorehead, Maxwell K. Moore-head and John L. Boyd, impleaded with Calvin Adams, late partners as Moorehead, Adams & Co. The suit was brought on a note, of which the following is a copy:— “$2500. Pittsburg, August 23d 1872. Four months after date, I promise to pay to the order of Whit-ten &…
Read the full summary
Error to the District Court of Allegheny county: No. 117, to October and November Term 1874. This was an action of assumpsit, brought January 13th 1873, by D. & H. Gilmore against James K. Moorehead, Maxwell K. Moore-head and John L. Boyd, impleaded with Calvin Adams, late partners as Moorehead, Adams & Co. The suit was brought on a note, of which the following is a copy:— “$2500. Pittsburg, August 23d 1872. Four months after date, I promise to pay to the order of Whit-ten & Co., twenty-five hundred dollars, without defalcation, for value received. Calvin Adams. Endorsed, Whitten & Co.…
1Opinion of the CourtJustice Sharswood
Eleven errors are assigned, but they are all resolvable into one question. Was there anything upon the face of the note in suit, or the. circumstances under which it was discounted, to give notice to the plaintiff below that the endorsement of the firm name of Moorehead, Adams & Co. was without authority ? It is not disputed that if it had been offered by Whitten & Co., that circumstance of itself would have been notice that Moorehead, Adams & Co., were merely accommodation endorsers and sufficient to have put the plaintiff upon inquiry. Hence an attempt was made to fix upon Patterson, the…
2Cited by9 opinions
- Rhodes v. TerheydenSupreme Court of Pennsylvania · 1922
- Davis v. Pennsylvania Co., Etc.Supreme Court of Pennsylvania · 1940
- First National Bank v. FlathNorth Dakota Supreme Court · 1901
- Lancaster County National Bank v. GarberSupreme Court of Pennsylvania · 1896
- Detroit Savings Bank v. TowersSuperior Court of Pennsylvania · 1910
4 more not listed; retrieve them via the Exa API.