Westfall, Stewart & Co. v. Braley
Ohio Supreme Court
Amicable action. Reserved in the district court of Jackson county. , This is an amicable action, in which the plaintiffs, by their petition, represent that the defendant, being largely indebted to the plaintiffs, on the 19th of October, *1854, delivered to the plaintiffs notes of the Kentucky Trust Company Bank, to the amount of two hundred dollars, as a payment upon such indebtedness.
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Amicable action. Reserved in the district court of Jackson county. , This is an amicable action, in which the plaintiffs, by their petition, represent that the defendant, being largely indebted to the plaintiffs, on the 19th of October, *1854, delivered to the plaintiffs notes of the Kentucky Trust Company Bank, to the amount of two hundred dollars, as a payment upon such indebtedness. That said bank was an institution doing' business in the State of Kentucky, and, in pursuance of the powers conferred by its charter, was receiving deposits, issuing notes for circulation as money, etc. That on…
1Opinion of the CourtScott, J.
The allegations of this petition are, in some respects, not as definite and specific as they should be, and, perhaps upon motion, they might be required to be made more so.
But regarding the petition as formally sufficient, it shows that certain bank-notes were transferred by the defendant to the plaintiffs, in payment of a pre-existing debt; that, at the time of such payment, the bank which ^issued the notes had in fact stopped payment, although its failure was not then known at the place of payment, nor to either of the parties; and that the plaintiffs, upon learning the failure of the bank,…
2Cases cited5 opinions
- Young v. AdamsMassachusetts Supreme Judicial Court · 1810
- Ontario Bank v. LightbodyCourt for the Trial of Impeachments and Correction of Errors · 1834
- Bayard v. ShunkSupreme Court of Pennsylvania · 1841
- Lowrey v. MurrellSupreme Court of Alabama · 1835
- Wainwright v. WebsterSupreme Court of Vermont · 1839