York Bank v. Asbury
U.S. Circuit Court for the District of Southern Ohio
This action is brought against;.the defendants Asbury and Pierce, as partners, the latter being a citizen of California (on whom the process was not served), who are charged to be indebted to the plaintiff in the sum of five thousand dollars for money lent, paid, had and received, and due on account stated &c. The defendants pleaded, (1) The general issue of non-assumpsit. (2) That the bank was not a corporation.
Read the full summary
This action is brought against;.the defendants Asbury and Pierce, as partners, the latter being a citizen of California (on whom the process was not served), who are charged to be indebted to the plaintiff in the sum of five thousand dollars for money lent, paid, had and received, and due on account stated &c. The defendants pleaded, (1) The general issue of non-assumpsit. (2) That the bank was not a corporation. (3) That Pierce and Asbury were partners, as cattle dealers, Pierce residing in Pennsylvania, and As-bury in Ohio; it being the business of the firm to buy cattle in the Western…
1Opinion of the Court
McLEAN, Circuit Justice.
This demurrer raises the question, whether the above judgment is a bar to the present action. In support of the demurrer it is argued, the note was made by Asbury to Amos Carter, or order, and that the indorsement of Carter was forged, of which Asbury was not privy, and that the court of common pleas held that Carter had neither paid anything for the note, nor indorsed it; that Asbury was not concluded by the felonious act of Pierce; that the bank was without remedy on the note against the firm.
It may be admitted that the bank could not claim under the forged…
2Cases cited6 opinions
- Le Guen v. GouverneurCourt for the Trial of Impeachments and Correction of Errors · 1798
- Ehle v. BinghamNew York Supreme Court · 1849
- Baker v. RandNew York Supreme Court · 1852
- Rose v. Turnpike Co.Supreme Court of Pennsylvania · 1834
- Dunckle v. WilesNew York Supreme Court · 1849
1 more not listed; retrieve them via the Exa API.