Bank of the United States v. Macalester
Supreme Court of Pennsylvania
In error from the District Court of Philadelphia. • Jan. 15 and IT. Assumpsit for money advanced and money had and received. Plea, set-off. It appeared the defendant kept a deposit account with plaintiffs, and on the 1st of September, 1841, overdrew his account'$2,888.93; to recover which, this action was brought.
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In error from the District Court of Philadelphia. • Jan. 15 and IT. Assumpsit for money advanced and money had and received. Plea, set-off. It appeared the defendant kept a deposit account with plaintiffs, and on the 1st of September, 1841, overdrew his account'$2,888.93; to recover which, this action was brought. To sustain his plea, defendant proved he was the holder of sixty-nine coupons of Illinois and Michigan canal stock, which were in the following form:— Illinois and Michioan Canal Stock. Cashier of the Bank of the United States, pay the bearer in Philadelphia, or at your agency in…
1Opinion of the CourtRogers, J.
Without stopping to inquire whether the defendant was strictly justifiable in resorting to a stratagem to obtain what he considered a legal advantage; or to determine whether the imputed injustice of the proceeding was a wrong to the teller rather than the bank, we are of opinion, that under the circumstances, there is nothing in the transaction which precludes the defendant, if otherwise entitled, to claim the benefit of a set-off. If there was a tort, the plaintiff has thought proper to waive it by bringing an action of assumpsit on the common counts, instead of an action for the deceit.…
2Cases cited3 opinions
- Crocker v. WhitneyMassachusetts Supreme Judicial Court · 1813
- Weston v. BarkerNew York Supreme Court · 1815
- President, Managers, & Co. v. WatsonSupreme Court of Pennsylvania · 1829
3Cited by11 opinions
- Smith v. Sanborn State BankSupreme Court of Iowa · 1910
- National Bank v. BonsorSuperior Court of Pennsylvania · 1909
- In re DavisDistrict Court, W.D. Texas · 1903
- Hostetter v. GiffenSupreme Court of Pennsylvania · 1920
- Fisher v. North Penn BankSuperior Court of Pennsylvania · 1921
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