Miller v. Gettysburg Bank
Supreme Court of Pennsylvania
ERROR to the common pleas of Adams county. James H. Miller against the Gettysburg Bank.' Action on the case. James H. Miller being indebted to the Gettysburg Bank by two promissory notes, upon one of which William Miller was his security, and upon the other James Reid was the security; to indemnify them, confessed a judgment to William Miller for 1500 dollars, and to James Reid for 2425 dollars.
Read the full summary
ERROR to the common pleas of Adams county. James H. Miller against the Gettysburg Bank.' Action on the case. James H. Miller being indebted to the Gettysburg Bank by two promissory notes, upon one of which William Miller was his security, and upon the other James Reid was the security; to indemnify them, confessed a judgment to William Miller for 1500 dollars, and to James Reid for 2425 dollars. These judgments were afterwards marked for the use of the bank; after which the following paper was executed and delivered to the bank. u Sampson S. King, Esq. “ Sir:—You will proceed without delay…
1Opinion of the Court
The opinion of the Court was delivered by
Sergeant, J.
This case depends on the construction of the inr strument of the 2d of March 1S22. On the part of the plaintiff it is contended that it was a transfer to the bank of the accounts then in the hands of Sampson S. King, Esq., justice of the peace, as a collateral security for the debt of Miller to the bank, and that the bank was bound to use due diligence to collect these accounts, and is responsible to the plaintiff for their neglect in that respect, by which several of them were lost. If the instrument were clearly such a transfer, it became…
2Cases cited1 opinion
- Beale v. The BankSupreme Court of Pennsylvania · 1836
3Cited by5 opinions
- Hawley Bros. Hardware Co. v. BrownstoneCalifornia Supreme Court · 1899
- Hanna v. HoltonSupreme Court of Pennsylvania · 1873
- State Bank v. ParkhurstAppellate Court of Illinois · 1910
- Scott v. First National Bank of TulsaCourt Of Appeals Of Indian Territory · 1904
- Bridge Co. v. Savings BankOhio Supreme Court · 1889