People's Bank v. Kurtz
Supreme Court of Pennsylvania
Error to the Court of Common Pleas No. 2, of Philadelphia cownty: Of January Term 1881, No. 205. Case stated, by the People’s Bank of Philadelphia against William W. Kurtz, trading as W. W. Kurtz & Co., showing the following facts :— * In April, 1875, the People’s Bank purchased from the defendant, who was a note-broker, three promissory notes in the following form:— “ $5,000. Philadelphia, April 12th 1875. “ Four months after date, we promise to pay to the order of S. Gross…
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Error to the Court of Common Pleas No. 2, of Philadelphia cownty: Of January Term 1881, No. 205. Case stated, by the People’s Bank of Philadelphia against William W. Kurtz, trading as W. W. Kurtz & Co., showing the following facts :— * In April, 1875, the People’s Bank purchased from the defendant, who was a note-broker, three promissory notes in the following form:— “ $5,000. Philadelphia, April 12th 1875. “ Four months after date, we promise to pay to the order of S. Gross Fry, five thousaud dollars, without defalcation, for value received, having deposited herewith Ctf. No. 515, for eight…
1Opinion of the CourtChief Justice Sharswood
It was held at first that in an action on the case for deceit against a party who had sold a personal chattel to the plaintiff, to which he had no title, that it was necessary to aver a scienter: Dale’s Case, Cro. Eliz. 44; Roswel v. Vaughan, Cro. Jac. 196. But this doctrine was subsequently exploded, and an averment of possession considered sufficient, as the vendor must be intended cognizant of his own title, the sale being necessarily an affirmation of title. Cross v. Gardner, Carth. 90; Medina v. *349Stoughton, 1 Ld. Raym. 593. It may now be regarded as well settled, that a party selling as…
2Cases cited1 opinion
- Charnley v. DullesSupreme Court of Pennsylvania · 1845
3Cited by12 opinions
- Donsavage EstateSupreme Court of Pennsylvania · 1966
- Guppy v. MoltrupSupreme Court of Pennsylvania · 1924
- Havens v. Bank of TarboroSupreme Court of North Carolina · 1903
- Porter v. GibsonCalifornia Supreme Court · 1944
- Randle v. WalkerAlabama Court of Appeals · 1919
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