Bayard v. Shunk
Supreme Court of Pennsylvania
ERROR to the Common Pleas of Dauphin county. Henry M. Bayard against Christian Shunk and Joseph Bouman. Special verdict. It is agreed by plaintiff and defendants, and by Samuel B. Hick-ox, as terre-tenant, that the following facts be stated as a special verdict for the opinion of the court, and either party shall have power to sue out a writ of error from the Supreme Court within ten days after judgment shall be rendered by the Court of Common Pleas.
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ERROR to the Common Pleas of Dauphin county. Henry M. Bayard against Christian Shunk and Joseph Bouman. Special verdict. It is agreed by plaintiff and defendants, and by Samuel B. Hick-ox, as terre-tenant, that the following facts be stated as a special verdict for the opinion of the court, and either party shall have power to sue out a writ of error from the Supreme Court within ten days after judgment shall be rendered by the Court of Common Pleas. And for the purpose of trying the question, the judgment originally entered shall be considered as opened, and shall remain as a security in…
1Opinion of the Court
The opinion of the Court was delivered by
Gibson, C. J.
Cases in which the bills or notes of a third party were transferred for a debt, are not to the purpose; and most of those which have been cited are of that stamp. Where the parties to such a transaction are silent in respect to the terms of it, the rules of interpretation are few and simple. If the securities are transferred for a debt contracted at the time, the presumption is that they are received in satisfaction of it; but if for a prece*95dent debt, it is that they are received as collateral security for it; and in either case it may be…
2Cases cited5 opinions
- Laidlaw v. OrganSupreme Court of the United States · 1817
- Young v. AdamsMassachusetts Supreme Judicial Court · 1810
- Levy v. President of the Bank of the United StatesSupreme Court of Pennsylvania · 1802
- Ontario Bank v. LightbodyCourt for the Trial of Impeachments and Correction of Errors · 1834
- Ozeas v. JohnsonSupreme Court of the United States · 1806
3Cited by11 opinions
- Romaine v. Workers' Compensation Appeal BoardSupreme Court of Pennsylvania · 2006
- Klauber v. BiggerstaffWisconsin Supreme Court · 1879
- Van Hoose v. BushSupreme Court of Alabama · 1875
- Northampton Bank v. BallietSupreme Court of Pennsylvania · 1844
- McIntyre v. Kennedy, Childs & Co.Supreme Court of Pennsylvania · 1857
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