Legal Opinion

Allen v. First N. Bank

Supreme Court of Pennsylvania

Decided May 27, 1889No. 310PublishedCited by 4 opinions

error to the oohrt of common pleas of warren COUNTY. No. 310 January Term 1889, Sup. Ct.; court below, No. 46 December Term 1887, C. P. On October 27, 1887, the First National Bank of Warren brought assumpsit against O. C. Allen, to recover on a note made by the defendant dated November 5, 1886, for $5,000, payable at three months at the First National Bank bf Warren, to the order of Beecher & Copeland, and by Beecher & Copeland indorsed.

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error to the oohrt of common pleas of warren COUNTY. No. 310 January Term 1889, Sup. Ct.; court below, No. 46 December Term 1887, C. P. On October 27, 1887, the First National Bank of Warren brought assumpsit against O. C. Allen, to recover on a note made by the defendant dated November 5, 1886, for $5,000, payable at three months at the First National Bank bf Warren, to the order of Beecher & Copeland, and by Beecher & Copeland indorsed. The defendant pleaded, non-assumpsit. At the trial on October 5,1888, the plaintiff proved the note, put it in evidence, and rested. The defendant, O. C.…

1Opinion of the Court

Opinion,

Mr. Chief Justice Paxson :

• We think the offers of evidence in this case were properly rejected. Assuming all the facts covered by the offers to have been proved, they would not have amounted to a defence as against the bank. The whole confusion in the case grows out of the fact that the Mr. Beecher mentioned in the offer was at the same time a member of the firm of Beecher & Copeland, and cashier of the First National Bank of Warren, plaintiff below. The effort here is to make the bank responsible, not merely for matters done in the scope of his duties as cashier, or by authority of…

2Cases cited2 opinions

  1. O'Hare v. Second National BankSupreme Court of Pennsylvania · 1875
  2. Mapes v. Second National BankSupreme Court of Pennsylvania · 1875

3Cited by4 opinions

  1. State Bank of Moore v. ForsythMontana Supreme Court · 1910
  2. Warren Savings Bank & Trust Co. v. FoleySupreme Court of Pennsylvania · 1928
  3. First National Bank v. BaerSupreme Court of Pennsylvania · 1923
  4. Madigan v. LumbertSupreme Judicial Court of Maine · 1939

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