Bank of the United States v. Thayer
Supreme Court of Pennsylvania
ERROR to the District Court for the city and county of Philadelphia, in these and a number of other cases depending on the same principles, in which the court below rendered judgment for the defendants in error, respectively, who were plaintiffs below, against the bank.
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ERROR to the District Court for the city and county of Philadelphia, in these and a number of other cases depending on the same principles, in which the court below rendered judgment for the defendants in error, respectively, who were plaintiffs below, against the bank. They were actions on the case instituted by summons issued in the spring and summer of 1840. Some were brought on promissory notes of the defendants, payable at no fixed date, commonly called bank notes; others on post notes, payable at certain periods after date; a few to bearer, but chiefly to order, and endorsed by the…
1Opinion of the Court
The opinion of the Court was delivered by
Rogers, J.
This was an action by the holder of certain promissory notes against the maker the Bank of the United States, and comes within the words as well as spirit of the Act of the 28th of March 1835. It is a note or bill for the payment of money, and consequently is such an instrument as falls within the provisions of that Act. If the only object of the plaintiff was to recover the note *447with simple interest, this would not be denied; but, as the plaintiff seeks to recover at an increased rate, it is insisted that the District Court has no power…
2Cases cited2 opinions
- Dewar v. SpenceSupreme Court of Pennsylvania · 1837
- Montgomery v. Johnston, Pennsylvania Court of Common Pleas, Philadelphia County1836
3Cited by7 opinions
- Noble's Administrator v. LaleySupreme Court of Pennsylvania · 1865
- Vulcanite Paving Co. ex rel. City of Philadelphia v. Philadelphia Traction Co.Supreme Court of Pennsylvania · 1887
- Weikel v. LongSupreme Court of Pennsylvania · 1867
- Montour Iron Co. v. ColemanSupreme Court of Pennsylvania · 1856
- Knapp v. Duck Creek Valley Oil Co.Supreme Court of Pennsylvania · 1866
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