Bank of North America ex rel. Swift v. M'Call
Supreme Court of Pennsylvania
This cause came before the Court at the last December term, under circumstances which are mentioned in the third volume of these Reports, page 888. By the judgment of the Court at that term, the report of the referees was recommitted to them, to ascertain the amount of Swift’s lien upon certain partnership property shipped by George Plumstead to St. Domingo, and there, after Plumstead’s death, attached by M’Call.
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This cause came before the Court at the last December term, under circumstances which are mentioned in the third volume of these Reports, page 888. By the judgment of the Court at that term, the report of the referees was recommitted to them, to ascertain the amount of Swift’s lien upon certain partnership property shipped by George Plumstead to St. Domingo, and there, after Plumstead’s death, attached by M’Call. Swift claimed the whole amount of principal and interest recovered by M’Call, partly as creditor of the partnership, and liable for the partnership debts, and partly as assignee of…
1Opinion of the Court
Tilshman C. J.
This case came before the Court last year, and was decided in favor of Swift, so far as concerned his claim as partner of M’Call. It was at that time supposed that his claim in that capacity would cover the whole sum *awar<^e<l t° him by the arbitrators. But it has turned out. otherwise, and we are now to decide on the right of Swift as assignee of the Bank of North America. In that respect the case is simply this. The bank advanced money to George Plumstead deceased, on a note with Swift’s name on it. By way of security Plumstead put into the possession of the bank, a bill of…
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