Dasher v. Leinaweaver
Supreme Court of Pennsylvania
In Error. ERROR to the Common Pleas of Lebanon county. This suit was an action of debt on a bond, brought by Casper Dasher, assignee of John Elder, assignee of Chris* tian Michael, assignee of Peter Leinaweaver, sen., against Peter Leinaweaver, jun., to which the defendant pleaded payment, and gave notice of the special matter.
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In Error. ERROR to the Common Pleas of Lebanon county. This suit was an action of debt on a bond, brought by Casper Dasher, assignee of John Elder, assignee of Chris* tian Michael, assignee of Peter Leinaweaver, sen., against Peter Leinaweaver, jun., to which the defendant pleaded payment, and gave notice of the special matter. On the trial, the defendant offered evidence to prove, that the bond in question was assigned by Peter Leinaweaver, sen., deceased, in his life time, and delivered, together with several other bonds, into the hands of David Krause, esq., by him to be delivered to the…
1Opinion of the Court
The opinion of the Court was delivered by
Tilghjian C. J.
The assignee of a bond takes it subject to all the equity, or right of defalcation which exists against the obligee, unless the obligee tells him that he has nothing to defalk. The assignment to Michael, we consider as an advance in right of his wife, and subject to defalcation, in case the father-in-law’s debts exceeded his assets, in the hands of the defendant, who was his administrator. On old Peter Leinaweaver’s death, the bonds of the defendant were equitable assets, for the payment of his debts. We think, therefore, that the…
2Cited by1 opinion
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