Paine v. Monongahela National Bank
Supreme Court of Pennsylvania
Appeal, No. 194, Oct. T., 1899, by defendant, from judgment of C. P. No. 3, Allegheny County, Nov. T., 1898, No. 437, on verdict for plaintiff. Assumpsit for money had and received. Before McClung, J. The facts are fully stated in the opinion of the Supreme Court. The court gave binding instructions for plaintiff. Verdict and judgment for plaintiff for $1,748.64. Defendant appealed. Error assigned was giving binding instructions for plaintiff.
Read the full summary
Appeal, No. 194, Oct. T., 1899, by defendant, from judgment of C. P. No. 3, Allegheny County, Nov. T., 1898, No. 437, on verdict for plaintiff. Assumpsit for money had and received. Before McClung, J. The facts are fully stated in the opinion of the Supreme Court. The court gave binding instructions for plaintiff. Verdict and judgment for plaintiff for $1,748.64. Defendant appealed. Error assigned was giving binding instructions for plaintiff. The acceptance of a dividend under an assignment, fraudulent as to creditors, estops the party from setting up its invalidity: Furness v. Ewing, 2 Pa.…
1Opinion of the Court
Opinion by
Mr. Justice Dean,
Ihmsen was engaged in the lumber business; in his dealings he took from his customers notes and, for discount, indorsed them to the Monongahela National Bank, this defendant and appellant. On the 1st of August, 1893, Ihmsen, becoming embarrassed financially, without solicitation, called upon the bank and offered to assign to it in payment of the discounted paper, certain book accounts, the bank to collect them, pay any excess to the as*406signor, after deducting amount of notes, and also return the notes. To this the bank assented; on the 14th of August following,…
2Cases cited3 opinions
- Dickson & Company's Assigned EstateSupreme Court of Pennsylvania · 1895
- Kern v. PowellSupreme Court of Pennsylvania · 1881
- Huey v. PrinceSupreme Court of Pennsylvania · 1898
3Cited by3 opinions
- Green v. HulseSupreme Court of Colorado · 1914
- Media-69th Street Trust Company's Trust Mortgage Pool CaseSupreme Court of Pennsylvania · 1942
- Klein v. DunnSupreme Court of Pennsylvania · 1940