Collins v. McKee ex rel. Truby
Supreme Court of Pennsylvania
'Error to the Common Pleas of Armstrong County to review a judgment on a verdict directed for plaintiff in an action of debt on a judgment note. March 15, 1882, the .Fairview Deposit Bank, a private banking company, suspended business, and on March 1Y, thereafter, made a general assignment to Simon Truby, Jr., for the benefit of creditors.
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'Error to the Common Pleas of Armstrong County to review a judgment on a verdict directed for plaintiff in an action of debt on a judgment note. March 15, 1882, the .Fairview Deposit Bank, a private banking company, suspended business, and on March 1Y, thereafter, made a general assignment to Simon Truby, Jr., for the benefit of creditors. At the time of its failure the bank held a judgment note, given to McKee as cashier by Isaiah Collins, with Doyle and Hindman as sureties, for the sum of $300.00. At the December term, 1882, of the court below, judgment was entered thereon. December 31,…
1Opinion of the Court
*215Opinion bv
Mr. Justice Sterrett:
In his petition to open the judgment entered by warrant of attorney against himself and his sureties, Isaiah Collins, one of the plaintiffs in error, alleged he had “a full, just, and legal defense and set-off to the whole of said judgment,” in this: that prior to the closing of the bank, represented by the legal plaintiff below, he became bona fide and for a valuable consideration the holder and owner of a certificate of deposit issued by the hank to James Collins for $35-0, a sum exceeding the judgment and costs; that he thereby became a creditor of the bank,…
2Cases cited5 opinions
- Read v. RobinsonSupreme Court of Pennsylvania · 1843
- Russell v. ShusterSupreme Court of Pennsylvania · 1844
- First National Bank v. Holmes, Lafferty & Co.Supreme Court of Pennsylvania · 1877
- Boyer's EstateSupreme Court of Pennsylvania · 1866
- Appeal of PattersonSupreme Court of Pennsylvania · 1880
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- Murowisky v. Pyrene Manufacturing Co., New Jersey Department of Labor Workmen's Compensation Bureau1939