Hart v. United States Trust Co.
Supreme Court of Pennsylvania
ERROR TO THE COURT OE COMMON PLEAS NO. 3 OE PHILADELPHIA COUNTY. No. 18 July Term 1887, Sup. Ct.; court below, No. 477 December Term, 1886, C. P. No. 8. On December 4, 1886, an action was brought by the United States Trust Company, of New York, against William R. Hart, to recover upon two notes, the copies of which filed were: $3,417.29 Philadelphia, June 24,1886. Five months after date I promise to pay to the order of Martin Kalbfleisch’s Sons thirty-four hundred and…
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ERROR TO THE COURT OE COMMON PLEAS NO. 3 OE PHILADELPHIA COUNTY. No. 18 July Term 1887, Sup. Ct.; court below, No. 477 December Term, 1886, C. P. No. 8. On December 4, 1886, an action was brought by the United States Trust Company, of New York, against William R. Hart, to recover upon two notes, the copies of which filed were: $3,417.29 Philadelphia, June 24,1886. Five months after date I promise to pay to the order of Martin Kalbfleisch’s Sons thirty-four hundred and seventeen .29 dollars. Without defalcation, value received. Wm. R. Hart. [Indorsed] Martin Kalbpleisch’s Sons. Pay J. A.…
1Opinion of the Court
Opinion,
Mr. Justice Williams :
This action was brought to recover the amount of two promissory notes. They were given by Hart payable to the order of Martin Kalbfleisch’s Sons, and indorsed by them to the trust company. The affidavit of defence set out the following facts:
1. That the notes were without consideration, having been made for the accommodation of the payees.
2. That before their negotiation the payees becoming insolvent suspended payment.
3. After such suspension the payees promised Hart not to use, but to return the notes.
4. Notwithstanding such promise, the payees did not return…
2Cases cited5 opinions
- Lord v. Ocean BankSupreme Court of Pennsylvania · 1853
- Carpenter v. National Bank of the RepublicSupreme Court of Pennsylvania · 1884
- Bower v. HastingsSupreme Court of Pennsylvania · 1860
- Hoffman v. Foster & Co.Supreme Court of Pennsylvania · 1862
- Royer v. Keystone National BankSupreme Court of Pennsylvania · 1877
3Cited by5 opinions
- Union Trust Co. v. McClellanWest Virginia Supreme Court · 1895
- National Union Bank v. ToddSupreme Court of Pennsylvania · 1890
- Newbold v. BoonSuperior Court of Pennsylvania · 1898
- Fair v. Murray, Pennsylvania Court of Common Pleas, Washington County1926
- First National Bank v. DickSuperior Court of Pennsylvania · 1903