Duvall's v. Darby
Supreme Court of Pennsylvania
Error, to tbe Common Pleas of Washington county. This was an action brought by J. M. Spriggs, executor of the last will and testament of William Duvall against J. W. Darby, Hugh McClelland, and A. Wallace, on an accommodation note for $1650 dated May 29th 1856, signed by defendants, made payable to Darby & Craig and by them endorsed to plaintiff’s testator. The plea was non assumpsit and payment with leave.
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Error, to tbe Common Pleas of Washington county. This was an action brought by J. M. Spriggs, executor of the last will and testament of William Duvall against J. W. Darby, Hugh McClelland, and A. Wallace, on an accommodation note for $1650 dated May 29th 1856, signed by defendants, made payable to Darby & Craig and by them endorsed to plaintiff’s testator. The plea was non assumpsit and payment with leave. The defence was, that Duvall had not purchased the note, but that it had been left with him by Darby as collateral security on th.e purchase of a note for $300 dated June 4th 1856. In the…
1Opinion of the Court
The opinion of the court was delivered,
by-. Thompson, J.
— The testimony constituting the first bill of exceptions, having been received without objection, the court should have refused to sign a bill of exception upon it, and have left the party to a prayer for instructions to the jury to disregard it. The allowance of the exception by the court below does not validate it. This court may still treat it as too late, and *59disregard it. Had the court below treated the statement of the witness as a mere offer of testimony, and sealed a bill upon that basis, it might have been effectual — but that…
2Cases cited1 opinion
- Carmalt v. PostSupreme Court of Pennsylvania · 1839
3Cited by2 opinions
- Brown v. KolbSuperior Court of Pennsylvania · 1898
- Tracy v. EgglestonCourt of Appeals for the Fifth Circuit · 1901