Press Co. v. City Bank of Hartford
Court of Appeals for the Third Circuit
In Error to the Circuit Court of the United States for the Eastern District of Pennsylvania. At Law. Action by the City Bank of Hartford against the Press Company, Limited, upon three promissory notes. Judgment was entered below in favor of plaintiff, for want of a sufficient affidavit of defense. 56 Fed. Rep. 260. Defendant brings error.
1Opinion of the Court
BUTLER, District Judge.
The action is on promissory notes drawn by the plaintiff to the Thorne Type-Setting Company, or order, and indorsed to the defendant. The claim filed avers that the indorsements were made before maturity and for value. The affidavit of defense denies proper execution of the notes; and says the payee is a foreign corporation,, without authority to transact business in this state, because of failure to comply with the statute of 1874; that the notes grew out of business transacted here, and are therefore invalid. The affidavit was held to be insufficient; and judgment was…
2Cases cited3 opinions
- Carpenter v. LonganSupreme Court of the United States · 1873
- Ashman v. WeigleySupreme Court of Pennsylvania · 1892
- Erie Boot & Shoe Co. v. EichenlaubSupreme Court of Pennsylvania · 1889
3Cited by3 opinions
- Union Trust Co. v. Preston National BankMichigan Supreme Court · 1904
- Hamilton v. FowlerCourt of Appeals for the Sixth Circuit · 1899
- Commercial National Bank v. JordanSupreme Court of Florida · 1916