Legal Opinion

Davis v. Barr

Supreme Court of Pennsylvania

Decided December 30, 1822PublishedCited by 1 opinion

IN ERROR. Error to the Court of Common Pleas of Chester County. On the 4th March, 1816, a bond and warrant of attorney were executed by the defendants, John Barr and Conrad Barr, in fa-vour of John Morrison, in the penal sum of 2,200 dollars, conditioned for the payment of 1100-dollars, on the 20th August, 1817. On the 30th March, 1816, John Morrison, by indorsement on the bond and warrant, assigned the same to the plaintiff, Ellis Davis, who procured judgment to be entered…

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IN ERROR. Error to the Court of Common Pleas of Chester County. On the 4th March, 1816, a bond and warrant of attorney were executed by the defendants, John Barr and Conrad Barr, in fa-vour of John Morrison, in the penal sum of 2,200 dollars, conditioned for the payment of 1100-dollars, on the 20th August, 1817. On the 30th March, 1816, John Morrison, by indorsement on the bond and warrant, assigned the same to the plaintiff, Ellis Davis, who procured judgment to be entered up, on the 16th April, 1816, in the Court of Common Pleas of Chester County. On motion of the defendants in the court…

1Opinion of the Court

The opinion of the court was delivered by

Gibson, J.

We commonly say that the assignee of a bond, under our act of assembfy, takes it subject to every equity which might have been set up against it in the hands of the obligee: but this, however generally true, is to be understood with some restriction. The rule established in Wheeler v. Hughes, has never been carried further than to put the assignee in the place of the obligee as to defalcation and want of consideration; and that it has been carried even so far, is owing to the special wording of the act, which enables the assignee to recover…

2Cited by1 opinion

  1. Frantz ex rel. Garberich v. BrownSupreme Court of Pennsylvania · 1830

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