Legal Opinion

Philler v. Patterson

Supreme Court of Pennsylvania

Decided May 29, 1895No. Appeal, No. 264PublishedCited by 11 opinions

Appeal, No. 264, Jan. T., 1895, by defendant, from judgment of C. P. No. 1, PhLla Co., Dec. T., 1891, No. 599, on verdict for plaintiff. Assumpsit on a promissory note.

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Appeal, No. 264, Jan. T., 1895, by defendant, from judgment of C. P. No. 1, PhLla Co., Dec. T., 1891, No. 599, on verdict for plaintiff. Assumpsit on a promissory note. Before Biddle, J. At the trial it appeared that the note was as follows : $5,000. Philadelphia, February 11, 1891. “ On the 4th day of June, 1891, without grace, I promise to pay to the order of J. F. Bailey, Five thousand dollars, payable at the Spring Garden National Bank, without defalcation, value received. “ John J. Patterson. “ Indorsed: — J. F. Bailey,” with notarial protest. The evidence showed that the note was…

1Opinion of the Court

Opinion by

Mr. Justice Williams,

Two lines of defense were taken in this case in the court below. The first of these denied the capacity of the plaintiffs to sue, and was brought to the attention of the learned judge by a prayer for instructions to the jury “ that under the evidence in this ease and the statutes governing national banks the plaintiffs cannot maintain the pending action against the defendant.” The second alleged that the note sued on was made for the accommodation of F. W. Kennedy, president of the Spring Gar*480den National Bank, and that the plaintiffs were chargeable with notice…

2Cases cited3 opinions

  1. Moore v. BairdSupreme Court of Pennsylvania · 1858
  2. Miller v. PollockSupreme Court of Pennsylvania · 1882
  3. Cozens v. MiddletonSupreme Court of Pennsylvania · 1888

3Cited by11 opinions

  1. James v. EvansCourt of Appeals for the Third Circuit · 1906
  2. Union Bank & Trust Co. v. Girard Trust Co.Supreme Court of Pennsylvania · 1932
  3. Peale v. AddicksSupreme Court of Pennsylvania · 1896
  4. Penn Safe Deposit & Trust Co. v. KennedySupreme Court of Pennsylvania · 1896
  5. Andrew v. Farmers & Merchants Savings BankSupreme Court of Iowa · 1932

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