Long v. Rhawn
Supreme Court of Pennsylvania
Error to the District Court of Philadelphia: No. 244, to January Term 1874. This was an action of assumpsit, brought April 11th 1870, by Hannah Wood against George S. Long and others, trading as Pennock, Bagaley & Co. Long only was served. Pending the suit, the plaintiff died, and William H. Bhawn, her executor, was substituted.
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Error to the District Court of Philadelphia: No. 244, to January Term 1874. This was an action of assumpsit, brought April 11th 1870, by Hannah Wood against George S. Long and others, trading as Pennock, Bagaley & Co. Long only was served. Pending the suit, the plaintiff died, and William H. Bhawn, her executor, was substituted. The action was by the plaintiff, as holder of the following note:— “$1000. Philadelphia, May 15th, 1865. “Four months after date, I promise to pay to the order of Henry T. Grout, One Thousand Dollars, value received, without defalcation, at the Fourth National Bank,…
1Opinion of the Court
The opinion of the court was delivered, February 9th 1874, by
Mercur, J.
It is admitted that the note passed into the hands of the plaintiff below after its maturity. It was then in the eye of the law dishonored paper. It is true the endorsee did not take it subject to set-off, but he did take it subject to the equities arising out of, or connected with the note itself: Hughes v. Large, 2 Barr 103; Downey v. Tharp, 13 P. F. Smith 322.
The evidence showed that the payee was largely indebted to the makers of the note; that he had collected money for their use; that he was to pay the same over to…
2Cited by4 opinions
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- Litcher v. North City Trust Co.Superior Court of Pennsylvania · 1933
- Newbold v. BoonSuperior Court of Pennsylvania · 1898
- Ulrich v. GetzSuperior Court of Pennsylvania · 1899