2 Miles 254
Pennsylvania Court of Common Pleas, Philadelphia County
Decided September 29, 1838
Pennsylvania Court of Common Pleas, Philadelphia County · decided 1838-09-29
THIS was an action brought to March term, 1838, No. 333, against the drawer, on a bill of exchange, protested for non-payment. The plaintiff filed a copy of the bill, which was as follows: “$137 50. “ Kensington, Philadelphia, October 1st, 1836. “ Four months after date, pay to the order of Mr. Charles B. Austin, Agent of the Union Glass Works, one hundred and thirty-seven dollars, and fifty cents, for value received, and charge the same to the account of Yours, &c. War.
Decided 1838-09-29
¶1The bill on its face does not purport to be drawn by the defendant as an agent of the drawer. And although defendant in his affidavit states that the consideration of the draft was goods sold to, and on the credit of another person, for whom defendant was only agent in the purchase of the goods, yet that circumstance is no defence to an action on the bill. (See 5 M. & S. 345; 7 Taunt. 158; 2 Marsh. 454; 5 Taunt. 749; 1 Marsh. 318; 2 Strange 955.)
¶2Rule absolute.