Legal Opinion

Dougherty Bros. & Co. v. Central National Bank

Supreme Court of Pennsylvania

Decided February 20, 1880PublishedCited by 6 opinions

Error to the Court of Common Pleas, No. 3, of Philadelphia county: Of January Term 1879, No. 82. Assumpsit by Dougherty Bros. & Co., against the Central National Bank of Philadelphia. The declaration contained the common counts only — money lent, money paid .for the use of defendants, money had and received, account stated and interest. The pleas were non assumpsit, payment and set-off, with leave, &c.

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Error to the Court of Common Pleas, No. 3, of Philadelphia county: Of January Term 1879, No. 82. Assumpsit by Dougherty Bros. & Co., against the Central National Bank of Philadelphia. The declaration contained the common counts only — money lent, money paid .for the use of defendants, money had and received, account stated and interest. The pleas were non assumpsit, payment and set-off, with leave, &c. The defendant filed a special plea, averring that at the time of bringing suit the plaintiffs (Dougherty Bros. & Co) were indebted to the defendant (the bank) in the sum of $15,000 loaned…

1Opinion of the CourtJustice Trunkey

Whatever may be the rights of a party whose debt is due and payable, to compel an insolvent debtor to set off’ a claim against him not due, a party whose debt is not duo, has no equitable claim to have it set off against a debt of his own already due, in the hands of a party who is insolvent: Spaulding v. Backus, 122 Mass. 553; Bradley v. Angel, 3 N. Y. 475; In re Commercial Bank Corporation of India and the East, Law Rep., 1 Ch. App. 538. In the latter case it was said that where there is on one side a debt presently due, and on the other a liability which will accrue due at a future day,…

2Cases cited5 opinions

  1. Lindsay v. Jackson & McJimpseyNew York Court of Chancery · 1831
  2. Jordan v. . National Shoe and Leather BankNew York Court of Appeals · 1878
  3. Spaulding v. BackusMassachusetts Supreme Judicial Court · 1877
  4. Bradley v. . AngelNew York Court of Appeals · 1850
  5. Fourth National Bank v. City National BankIllinois Supreme Court · 1873

3Cited by6 opinions

  1. Alabama Grocery Co. v. 1st National BankSupreme Court of Alabama · 1908
  2. Kurtz v. County National BankSupreme Court of Pennsylvania · 1927
  3. Anthracite Trust Co. Mears's AppealSupreme Court of Pennsylvania · 1935
  4. Union National Bank v. Cannonsburgh Iron Co.Supreme Court of Pennsylvania · 1886
  5. McCloskey v. North Penn BankSupreme Court of Pennsylvania · 1921

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