Mishler v. Reed & Henderson
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of Lancaster county: No. 33, to May Term 1874. This was an action brought May 4th 1872, by John K. Reed and Amos S. Henderson, trading, &c., as Reed & Henderson, against Benjamin Mishler, as endorser of the following note i— “ $200. • Lancaster, Pa., Feb. 24th 1872. “ Sixty days after date I promise- to pay to the order of B. Mishler, at the banking-house of Reed & Henderson, two hundred dollars, without defalcation, for value received. ‘‘…
Read the full summary
Error to the Court of Common Pleas of Lancaster county: No. 33, to May Term 1874. This was an action brought May 4th 1872, by John K. Reed and Amos S. Henderson, trading, &c., as Reed & Henderson, against Benjamin Mishler, as endorser of the following note i— “ $200. • Lancaster, Pa., Feb. 24th 1872. “ Sixty days after date I promise- to pay to the order of B. Mishler, at the banking-house of Reed & Henderson, two hundred dollars, without defalcation, for value received. ‘‘ Credit the drawer. Jacob F. Feet. “ Endorsed, B. Mishber.” The case was tried October 29th 1873, before Livingston, P.…
1Opinion of the CourtChief Justice Agnew
The offer, the rejection of which is assigned for error, lacks an essential element, viz., notice to the plaintiffs of the fact that Frey had no right to control the proceeds of the note. Admitting all the facts offered to be proved, if Reed & Henderson, when they discounted the note, had no knowledge that Mishler was to control the proceeds, they were bonfi fide purchasers of the paper for value, *78and cannot be affected by the private understanding.between Frey and Mishler. The printed form of the note kept for general use was no notice to the plaintiffs, because the words “ Credit the…
2Cited by6 opinions
- Haug v. RileySupreme Court of Georgia · 1897
- Keenan v. SouthworthMassachusetts Supreme Judicial Court · 1872
- McRea v. McWilliamsTexas Supreme Court · 1883
- Aetna Insurance v. Illinois Central RailroadAppellate Court of Illinois · 1936
- First National Bank v. GerliSupreme Court of Pennsylvania · 1911
1 more not listed; retrieve them via the Exa API.