Iron City N. Bank v. McCord
Supreme Court of Pennsylvania
APPEAL BY PLAINTEFE PROM THE COURT OP COMMON PLEAS NO. 2 OP ALLEGHENY COUNTY. No. 25 October Term 1890, Sup. Ct.; court below, No. 413 July Term 1888, C. P. No. 2. To the first Monday of June, 1888, the Iron City National Bank brought assumpsit against Martha J. McCord, upon a check or order on the Dollar Savings Bank of Pittsburgh, a full copy of which is given in the opinion of the Supreme-Court.
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APPEAL BY PLAINTEFE PROM THE COURT OP COMMON PLEAS NO. 2 OP ALLEGHENY COUNTY. No. 25 October Term 1890, Sup. Ct.; court below, No. 413 July Term 1888, C. P. No. 2. To the first Monday of June, 1888, the Iron City National Bank brought assumpsit against Martha J. McCord, upon a check or order on the Dollar Savings Bank of Pittsburgh, a full copy of which is given in the opinion of the Supreme-Court. The plaintiff’s statement of claim, as amended, averred inter alia, that the order-or check sued on was made and delivered by the defendant “ for the use, enjoyment and improvement of her separate…
1Opinion of the Court
OPINION,
Mr. Justice Sterrett:
This action of assumpsit was brought by the Iron City National Bank, indorsee and holder, against Mrs. McCord, drawer, of an order in the following form:
It appears that W. J. Quinn, the payee and indorser of the order, obtained^ the same from the defendant, in payment of the balance claimed to be due him as contractor for the erection of buildings on her separate estate, by assuring her that all claims of material-men and sub-contractors were fully paid, and no liens could be filed against the buildings. That representation proved to be untrue, and liens…
2Cases cited10 opinions
- Jones v. FalesMassachusetts Supreme Judicial Court · 1808
- Benedict v. . CowdenNew York Court of Appeals · 1872
- President of Springfield Bank v. MerrickMassachusetts Supreme Judicial Court · 1817
- Costelo v. CrowellMassachusetts Supreme Judicial Court · 1879
- Citizens N. Bank v. PiolletSupreme Court of Pennsylvania · 1889
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3Cited by7 opinions
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- Flagg v. School District, No. 70North Dakota Supreme Court · 1894
- Whittier v. First National BankSupreme Court of Colorado · 1923
- Post v. Kinzua Hemlock Railway Co.Supreme Court of Pennsylvania · 1895
- First National Bank of San Francisco v. GoldenCalifornia Court of Appeal · 1912
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