De Barry v. Withers & Peterson
Supreme Court of Pennsylvania
Error to tlie District Court of Philadelphia. This was an action of assumpsit, brought November 19th 1859, by Withers & Peterson against John De Barry. The plaintiffs’ declaration averred that whereas, heretofore, to wit,, on the fifteenth day of August, A. D. one thousand eight hundred and fifty-six, at the county aforesaid, the defendant drew his certain bill of exchange of the date last aforesaid, directed to Messrs.
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Error to tlie District Court of Philadelphia. This was an action of assumpsit, brought November 19th 1859, by Withers & Peterson against John De Barry. The plaintiffs’ declaration averred that whereas, heretofore, to wit,, on the fifteenth day of August, A. D. one thousand eight hundred and fifty-six, at the county aforesaid, the defendant drew his certain bill of exchange of the date last aforesaid, directed to Messrs. William L. Manderson & Co., bankers, Third street, Philadelphia, of said county, and thereby requested the said William L. Manderson & Co., thirty days after the date thereof,…
1Opinion of the Court
The opinion of the court was delivered, by
Read, J.
An accommodation acceptor having paid a bill for which no funds are provided by the drawer, is entitled to recover the amount from the drawer, for the law, in the absence of any express contract, implies a contract to indemnify. But whether the action be for money paid, or specially for not indemnifying the plaintiff, still it is only a chose in action, which is assignable in equity, and therefore the suit must be in the name of the assignor for the use of the assignee. But as the assignee is the real owner, it would seem but just, if the…
2Cases cited5 opinions
- Crocker v. WhitneyMassachusetts Supreme Judicial Court · 1813
- Moar v. WrightSupreme Court of Vermont · 1826
- Dubois v. DoubledayNew York Supreme Court · 1832
- Barger v. CollinsCourt of Appeals of Maryland · 1826
- Allstan's Adm'r. v. Contee's Ex'r.Court of Appeals of Maryland · 1818
3Cited by1 opinion
- Garford Motor Truck Co. v. BucksonSuperior Court of Delaware · 1927