Winder v. Northampton Bank
Supreme Court of Pennsylvania
Error, to Common Pleas of Lancaster county. The declaration in this case contained originally but one count, ■which charged the defendant with having obtained, with intent to defraud the Northampton bank of $80,000, in the mortgage loan of the Lehigh Coal and Navigation Company, and of $27,000, in notes of the Northampton bank, and $1500 in the funds of that bank, by means of certain fraudulent transactions with John Rice; but at the trial, the plaintiff was permitted to…
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Error, to Common Pleas of Lancaster county. The declaration in this case contained originally but one count, ■which charged the defendant with having obtained, with intent to defraud the Northampton bank of $80,000, in the mortgage loan of the Lehigh Coal and Navigation Company, and of $27,000, in notes of the Northampton bank, and $1500 in the funds of that bank, by means of certain fraudulent transactions with John Rice; but at the trial, the plaintiff was permitted to file a count in trover, for the same claims and funds, though the defendant resisted the plaintiffs’ right to do so, as the…
1Opinion of the CourtSergeant, J.
— That a plaintiff, after an appeal from an award of arbitrators, cannot vary the nature of his demand by filing a new count, seems settled by former decisions. In Tryon v. Miller, 1 Whart. 11, the plaintiff had declared in trover for a bond, and the cause was referred to arbitrators, under the act of 1810, who made an award in favour of the plaintiff, from which the defendant appealed; *448and it was held that the plaintiff ought not, after the appeal, be permitted to withdraw the original declaration, and substitute one alleging the conversion to have been of certain instruments of writing not…
2Cases cited1 opinion
- Tryon v. MillerSupreme Court of Pennsylvania · 1835
3Cited by1 opinion
- Brown v. NashWyoming Supreme Court · 1872