Harrisburg Bank v. Forster
Supreme Court of Pennsylvania
ERROR to the common pleas of Dauphin county. The Harrisburg Bank against John Forster, Esquire. This was an action of debt upon a promissory note, and was consolidated with four other suits which were also upon promissory notes. The notes were 30th of April 1823, for 3300 dollars; 26th of June 1822; for 831 dollars 72 cents; 30th of June 1819, for 700 dollars; 30th of June 1819, for 500 dollars.
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ERROR to the common pleas of Dauphin county. The Harrisburg Bank against John Forster, Esquire. This was an action of debt upon a promissory note, and was consolidated with four other suits which were also upon promissory notes. The notes were 30th of April 1823, for 3300 dollars; 26th of June 1822; for 831 dollars 72 cents; 30th of June 1819, for 700 dollars; 30th of June 1819, for 500 dollars. There were two matters urged in defence: the first an alleged contract on the part of the bank to allow a certain additional compensation to the defendant as cashier; and the second was the act of…
1Opinion of the Court
The opinion of the Court was delivered by
Rogers, J.
This suit was brought to recover the amount of four promissory notes, which were executed by the defendant. The defendant took two grounds of defence; First, set-off, and secondly, the act of limitations.
We fully agree with the court, that as to the first ground, the defendant signally failed. However meritorious his conduct may have been, and how much it may have commended itself to the liberality of the directors, yet no contract has been proved which can be made the subject of set-off.
But the defendant insists that he is protected by the…
2Cited by8 opinions
- Snodgrass v. Branch Bank at DecaturSupreme Court of Alabama · 1854
- Vigus v. O'BannonIllinois Supreme Court · 1886
- Wear v. SkinnerCourt of Appeals of Maryland · 1877
- McKneely v. TerrySupreme Court of Arkansas · 1896
- Livermore Falls Trust & Banking Co. v. RileySupreme Judicial Court of Maine · 1911
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