Gray's Administrator v. Bank of Kentucky
Supreme Court of Pennsylvania
Error to the District Court of Allegheny county. This was a suit brought by “ The President, Directors, and Company of the Bank of Kentucky” against James Gray, on the following three bills of exchange, amounting in all to $8000:— “ Pittsburgh, October 29, 1855. “ Three months after date, pay to the order of ourselves, three thousand dollars, value received, which place to the account of “Wm. A. Jones & Co. “To James Gray, of Fourth street, Pittsburgh, Pa.” Endorsed— “ Wm.
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Error to the District Court of Allegheny county. This was a suit brought by “ The President, Directors, and Company of the Bank of Kentucky” against James Gray, on the following three bills of exchange, amounting in all to $8000:— “ Pittsburgh, October 29, 1855. “ Three months after date, pay to the order of ourselves, three thousand dollars, value received, which place to the account of “Wm. A. Jones & Co. “To James Gray, of Fourth street, Pittsburgh, Pa.” Endorsed— “ Wm. A. Jones & Co. “ J. H. Jones & Co.” Acceptance. “ Accepted and payable at Merchants’ and Manufacturers’ Bank of…
1Opinion of the Court
The opinion of the court was delivered by
Woodward, J.
That the paper in suit was carelessly made by Gray, and the proceeds of it unfairly used by Jones & Co., is apparent from the affidavit of defence, the sufficiency of which is the only question on the record. Still it was negotiable paper, and the presumption of law is that the endorsee received it bona fide, in due course, and for a valuable consideration. To put him to proof of his title the defendant must make out a prima facie case, that the bill was obtained by undue means, as by fraud, felony, or force, or that it Avas lost: 4 W. & S.…
2Cases cited2 opinions
- Knight v. PughSupreme Court of Pennsylvania · 1842
- Brown v. StreetSupreme Court of Pennsylvania · 1843
3Cited by1 opinion
- Garden City Nat. Bank v. FitlerSupreme Court of Pennsylvania · 1893