Legal Opinion

Manufacturers' & Mechanics' Bank v. Bank of Pennsylvania

Supreme Court of Pennsylvania

Decided July 15, 1844PublishedCited by 25 opinions

ERROR to the Common Pleas of Union county. The Manufacturers’ and Mechanics’ Bank against The President, Directors & Co. of the Bank of Pennsylvania, the West Branch Bank at Williamsport, and the Bank of the United States. This was an issue directed by the court to try the right, to the proceeds of the sale of the real estate of John H. Cowden.

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ERROR to the Common Pleas of Union county. The Manufacturers’ and Mechanics’ Bank against The President, Directors & Co. of the Bank of Pennsylvania, the West Branch Bank at Williamsport, and the Bank of the United States. This was an issue directed by the court to try the right, to the proceeds of the sale of the real estate of John H. Cowden. The claims of the respective parties were founded on the following facts: On the 24th April 1841, John H. Cowden conveyed the land, the proceeds of the sale of which were the subject of controversy, by an absolute deed, to one of the directors of the…

1Opinion of the Court

The opinion of the Court was delivered by

Gibson, C. J.

The Manufacturers’ and Mechanics’ Bank, the United States Bank, the Bánk of Pennsylvania, the Philadelphia Bank,. J. & R. Elliott, and the West Branch Bank, stand as claimants on the fund in court, in the order of priority in which I have named them; and I shall dispose of the objections to their claims in the same order.

The Manufacturers’ and Mechanics’ Bank claim by a deed which is in form an absolute conveyance to a third person, from whom they have acquired the legal title; but which is proved by a written specification of conditions…

2Cases cited7 opinions

  1. Jaques v. WeeksSupreme Court of Pennsylvania · 1838
  2. Pott v. NathansSupreme Court of Pennsylvania · 1841
  3. Commonwealth ex rel. Bellas v. VandersliceSupreme Court of Pennsylvania · 1822
  4. Friedley v. HamiltonSupreme Court of Pennsylvania · 1827
  5. Bay v. TallmadgeNew York Court of Chancery · 1821

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3Cited by25 opinions

  1. Harper v. Consolidated Rubber Co.Supreme Court of Pennsylvania · 1925
  2. Lamont v. . CheshireNew York Court of Appeals · 1875
  3. Winner v. HoytWisconsin Supreme Court · 1886
  4. Tryon v. MunsonSupreme Court of Pennsylvania · 1875
  5. Mellon's AppealSupreme Court of Pennsylvania · 1858

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