Legal Opinion

Reid v. Morrison

Supreme Court of Pennsylvania

Decided December 15, 1841PublishedCited by 6 opinions

THIS was a writ of error to tbe District Court for the city and county of Philadelphia, in which a verdict and judgment were rendered for the defendant.

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THIS was a writ of error to tbe District Court for the city and county of Philadelphia, in which a verdict and judgment were rendered for the defendant. It was an action of assumpsit, brought by John H. Reid and William Leckie, late partners as Reid & Leckie, to the use of J. H. Reid, against Thomas Morrison, to December Term 1833. The declaration contained three counts, viz: 1. On a promissory note, dated Dublin, December 23, 1825, drawn by J. Geoghegan to the order of, and endorsed by the defendant (who passed it before maturity to the plaintiffs), payable two months after date, for £30…

1Opinion of the Court

The opinion of the Court was delivered by

Sergeant, J.

The principal question arising on the charge of the court below is, whether there existed circumstances to excuse the want of a demand on Geoghegan, the maker of the promissory note and the drawer of the inland bill of exchange. The rule of law on this subject seems to be, that if the drawee has merely removed from his usual place of residence to another in the same state or kingdom, it is incumbent on the holder to make every reasonable endeavour to find out whither he has removed, and, in *406case he succeed in such attempt, to present the…

2Cases cited2 opinions

  1. French's v. Bank of ColumbiaSupreme Court of the United States · 1807
  2. Duncan v. M'CulloughSupreme Court of Pennsylvania · 1818

3Cited by6 opinions

  1. Taylor v. SnyderNew York Supreme Court · 1846
  2. Chapman v. DurantMassachusetts Supreme Judicial Court · 1813
  3. Foster v. . JulienNew York Court of Appeals · 1861
  4. Marwitz's EstateSupreme Court of Pennsylvania · 1926
  5. Ex parte HeidelbackDistrict Court, D. Massachusetts · 1876

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