4 Binn. 375
Decided January 4, 1812
Supreme Court of Pennsylvania · decided 1812-01-04
This was an action to recover the amount of three promissory notes, drawn by the defendant in favor of the plaintiffs, on the 18th February, 6th March and 5th April 1805. The pleas were non assumpsit and payment with leave, &c., and under the last plea the defendant gave notice of a special defence, that the debt had been released by Salmon one of the plaintiffs.
Good law ✅— No negative treatment on recordhow we know
Decided 1812-01-04
Cited by 3 later decisions (1 by the Supreme Court) — most recently September 1860
2 state decisions
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
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¶1"Whatever may be the state of the question as to Salmon’s interest, still he was properly rejected. His testimony was irrelevant, inasmuch as by his release to Davis, even supposing he released only his moiety of the debt, the action was gone. The motion to take off' the non-suit is, therefore, denied.
¶2Motion denied.
¶3[Cited in 4 W. & S. 290.]