National Newark Banking Co. v. Second National Bank
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of Erie county: No. 185, to October and November Term 1869. This was an amicable action of assumpsit, commenced May 15th 1866, between The National Newark Banking Company, plaintiffs, and The Second National Bank of Erie, defendants. The suit was on the following draft:— “Second National Bank on Erie, Erie, Pa., March 17th 1866. Pay to the order of A. Judson, Esq., three hundred dollars. Wm. 0. Curry, Cashier.
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Error to the Court of Common Pleas of Erie county: No. 185, to October and November Term 1869. This was an amicable action of assumpsit, commenced May 15th 1866, between The National Newark Banking Company, plaintiffs, and The Second National Bank of Erie, defendants. The suit was on the following draft:— “Second National Bank on Erie, Erie, Pa., March 17th 1866. Pay to the order of A. Judson, Esq., three hundred dollars. Wm. 0. Curry, Cashier. To Culver, Penn & Co., New York. The draft was afterwards endorsed by Judson, who sold it to the plaintiffs on the 27th of March; it was presented for…
1Opinion of the Court
The opinion of the court was delivered, January 3d 1870, by
RsAd, J. —
The court assuming that there were no disputed facts in this case, undertook to decide the question whether the presentment of the bill or draft which was the subject of this suit was made to the drawees in New York within a reasonable time. Their decision was that the time taken was unreasonable, and that the defendants were not liable to pay the amount of their draft. 0
A. Judson, who was acting as the agent of T. H. Hubbard in the collection of money claimed by him, by way of damages, from different persons for the…
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