Peoples' Bank v. Legrand
Supreme Court of Pennsylvania
Error to the Common Pleas of Luzerne county: Of January Term 1883, No. 371. Assumpsit, by the People’s Bank of Wilkes-Barre, against Lewis Legrand, indorser of a promissory note made by one Lowensteiu. Pleas, non assumpsit, payment with leave, set-off, &c.
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Error to the Common Pleas of Luzerne county: Of January Term 1883, No. 371. Assumpsit, by the People’s Bank of Wilkes-Barre, against Lewis Legrand, indorser of a promissory note made by one Lowensteiu. Pleas, non assumpsit, payment with leave, set-off, &c. On the trial, before Woodward, J., the counsel for plaintiff and defendant filed the following agreement of facts established by the evidence, in the nature of a special verdict subject to certain points reserved, viz: It is agreed that the evidence establishes the following facts: 1. That Legrand, the defendant, indorsed Lowenstein’s note…
1Opinion of the CourtJustice Green
We assume that the matters contained in the fifth clause of the agreement of facts signed by the parties, constituted an actual agreement, though it is not so stated. The sixth clause, however, refers-to the subject of the fifth as “the agreement, aforesaid,” and it has been so treated, both in the printed and oral arguments. As there stated, the agreement between the bank and Lowenstein, extending the time for the payment of the note in suit, was indefinite, as “ no particular time was specified or agreed upon.” The learned court below held that the extension of the time of payment was…
2Cases cited2 opinions
- Voss v. German American BankIllinois Supreme Court · 1876
- National Bank of Newburgh v. . SmithNew York Court of Appeals · 1876
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- Germantown T. Co. v. Emhardt (No. 1)Supreme Court of Pennsylvania · 1936
- First Nat. Bank of Midland v. PowellCourt of Appeals of Texas · 1912
- Franklin Savings & Trust Co. v. ClarkSupreme Court of Pennsylvania · 1925
- Moreland v. Peoples BankMississippi Supreme Court · 1917
- Goldstein v. Jefferson Title & Trust Co.Superior Court of Pennsylvania · 1928
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