Stuart v. Bigler's Assignees
Supreme Court of Pennsylvania
May 18th 1881. Before Sharswood, C. J., Merour, Gordon, Paxson, Trunkey, Sterrett and Green, JJ. Error to the Court of Common Pleas of Dauphm County : Of May Term 1881, No. 85. This was an issue between John A. Bigler to the use of his assignees, G. Jordan and George W. Porter, plaintiffs, and "Win. P. Stuart, defendant, to test the validity of a judgment entered by plaintiff upon a judgment note given by defendant.
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May 18th 1881. Before Sharswood, C. J., Merour, Gordon, Paxson, Trunkey, Sterrett and Green, JJ. Error to the Court of Common Pleas of Dauphm County : Of May Term 1881, No. 85. This was an issue between John A. Bigler to the use of his assignees, G. Jordan and George W. Porter, plaintiffs, and "Win. P. Stuart, defendant, to test the validity of a judgment entered by plaintiff upon a judgment note given by defendant. On the trial, before Pearson, P. J., the following facts appeared : Stuart, on February 24th 1874, applied to John A. Bigler for a loan of $500, offering as security six coupon…
1Opinion of the CourtJustice Paxson
The fact that the bonds deposited by the defendant below with John A. Bigler, to secure the former’s note for $500, had become worthless, would not of itself constitute a valid defense t-o the note in suit. Bigler had no power to sell the bonds, and the defendant gave him no instructions to do so. Hence, if they remained in Bigler’s hands the depreciation thereof must fall upon the defendant. His remedy was to order their sale, or pay his note and take up the bonds. It appears, however, that the bonds were not in Bigler’s possession at the date of the assignment. They did not pass to the…
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