Downey v. Tharp
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of Greene county: No. 201, to October and November Term 1869. This was an action of debt by “ Abner Tharp for the use of Alpheus Denman, now for the use of executor of E. S. Sayers, deceased,” against R. W. Downey. The cause of action was the following note: “ April 6th 1861. Six months after date we promise to pay Abner Tharp one hundred dollars.
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Error to the Court of Common Pleas of Greene county: No. 201, to October and November Term 1869. This was an action of debt by “ Abner Tharp for the use of Alpheus Denman, now for the use of executor of E. S. Sayers, deceased,” against R. W. Downey. The cause of action was the following note: “ April 6th 1861. Six months after date we promise to pay Abner Tharp one hundred dollars. “ Simeon Dunn, [l. s.] “ R. W. Downey, [l. s.]” The note was assigned by Tharp to Alpheus Denman, and by him assigned to E. S. Sayers. The defendant Downey proved that the note was assigned to Denman by Tharp about…
1Opinion of the Court
The opinion of the court was delivered, January 3d 1870, by
Sharswood, J. —
There are no facts in this case which distinguish it from Blair v. Mathiott, 10 Wright 262, in which it was held that an obligor in a bond cannot defalcate against the assignee of an assignee, a claim which he holds against the first assignee. The learned counsel of the plaintiff in error do not question this decision, but admit that it rests upon a safe and sound interpretation of the law of defalcation. But they contend that what they set up is neither a set-off nor defalcation, but an equitable defence. It is not…
2Cited by3 opinions
- Litcher v. North City Trust Co.Superior Court of Pennsylvania · 1933
- Interstate Distributing Co. v. ConnellSuperior Court of Pennsylvania · 1911
- Newbold v. BoonSuperior Court of Pennsylvania · 1898