Thomas v. Shoemaker
Supreme Court of Pennsylvania
ERROR to the District Court for the city and county of Philadelphia. Shoemaker & Ogden commenced an action against Moses Thomas by summons issued on Saturday the 1st day of January 1842, returnable on the first Monday of January 1842. The plaintiffs filed a copy of the note on which the suit was brought, in the following words: Philadelphia, 30th December 1840. $184.72. Twelve months after date I promise to pay to the order of Shoemaker & Ogden, without defalcation, one…
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ERROR to the District Court for the city and county of Philadelphia. Shoemaker & Ogden commenced an action against Moses Thomas by summons issued on Saturday the 1st day of January 1842, returnable on the first Monday of January 1842. The plaintiffs filed a copy of the note on which the suit was brought, in the following words: Philadelphia, 30th December 1840. $184.72. Twelve months after date I promise to pay to the order of Shoemaker & Ogden, without defalcation, one hundred and eighty-four dollars and seventy-two cents, value received. M. Thomas. The defendant filed the following…
1Opinion of the Court
The opinion of the Court was delivered by
Kennedy, J.
The first error is, that the note upon which the plaintiff below claims to recover in this action, had not become payable according to its tenor at the date of the impetration of the writ commencing the action. By an inspection of the record, the date certainly appears to be so, and therefore forms an insuperable objection to the plaintiff’s recovery. The note is dated on the 30th December 1840, payable according to its terms 12 months after its date; and the writ was sued out on the 1st day of January 1842. Though, in general, when a,deed…
2Cases cited4 opinions
- Osborn v. MoncureNew York Supreme Court · 1829
- Fisher v. EvansSupreme Court of Pennsylvania · 1813
- The BANK OF NORTH-AMERICA v. PettitSupreme Court of the United States · 1793
- Mathers v. PearsonSupreme Court of Pennsylvania · 1825
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