Osborn v. First National Bank
Supreme Court of Pennsylvania
Appeal, No. 389, Jan. T., 1895, by plaintiff, from order of C. P. Bradford Co., Sept. T., 1892, No. 753, sustaining exceptions to award of arbitrators. Assumpsit to recover penalty for taking a greater rate of interest than that allowed under sections 5197 and 5198 of the revised statutes of the United States.
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Appeal, No. 389, Jan. T., 1895, by plaintiff, from order of C. P. Bradford Co., Sept. T., 1892, No. 753, sustaining exceptions to award of arbitrators. Assumpsit to recover penalty for taking a greater rate of interest than that allowed under sections 5197 and 5198 of the revised statutes of the United States. The case by agreement was referred to three arbitrators under the act of June 16, 1836. The arbitrators reported as follows : I. That an assignee for the benefit of creditors is a legal representative, in contemplation of section 5198 revised statutes of the United States, and that the…
1Opinion of the Court
Opinion by
Mr. Justice Mitchell,
The referees having not only made an award but added to it special findings which show the principles on which they acted, the case comes directly within the provisions of sec. 7 of the act of June 16, 1836, P. L. 717, authorizing the court to set aside the award for a mistake of law.
1. The referees held that the action could be sustained by the assignee for the benefit of creditors in his own name. This was clear error. It was held in Pritchard v. Norton, 106 U. S. 124, 130, that “ whether an assignee of a chose in action shall sue in his own name or that of…
2Cases cited14 opinions
- Pritchard v. NortonSupreme Court of the United States · 1882
- Barnet v. National BankSupreme Court of the United States · 1879
- Glenn v. MarburySupreme Court of the United States · 1892
- Osborn v. First National BankSupreme Court of Pennsylvania · 1893
- Stayton ex rel. Bryan v. RiddleSupreme Court of Pennsylvania · 1886
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3Cited by12 opinions
- Weiner v. Bank of King of PrussiaDistrict Court, E.D. Pennsylvania · 1973
- Sensenig v. Pennsylvania RailroadSupreme Court of Pennsylvania · 1910
- Kelter v. American Bankers Finance Co.Supreme Court of Pennsylvania · 1932
- Pardoe v. Iowa State National BankSupreme Court of Iowa · 1898
- Allstate Prop & Casualty Ins Co, Aplt v. Wolfe, J.Supreme Court of Pennsylvania · 2014
7 more not listed; retrieve them via the Exa API.