Legal Opinion

Beale v. The Bank

Supreme Court of Pennsylvania

Decided October 15, 1836PublishedCited by 4 opinions

ERROR to the common pleas of Jilleghany county. The Farmers and Mechanics’ Bank against George Beale. Scire facias upon a judgment. The defendant gave in evidence the records of several judgments in his favour upon the docket of a justice of the peace, which he had assigned to Edward Simpson, Esq., for the use of the plaintiff] and gave evidence that 50 dollars had been paid on one of them to the justice.

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ERROR to the common pleas of Jilleghany county. The Farmers and Mechanics’ Bank against George Beale. Scire facias upon a judgment. The defendant gave in evidence the records of several judgments in his favour upon the docket of a justice of the peace, which he had assigned to Edward Simpson, Esq., for the use of the plaintiff] and gave evidence that 50 dollars had been paid on one of them to the justice. Edward Simpson, Esq., having been sworn on behalf of the plaintiff, testified as follows: “ At the time the judgments were assigned, I had an execution out against Mr Beale, at the suit of…

1Per curiam

The judgment was undoubtedly taken as collateral security, and not as satisfaction; yet it became, to all intents, the property of the bank, and subject to its exclusive control the instant it was assigned. Had the defendant given directions for its collection, the justice might have disregarded them; and it was therefore the business of the bank to proceed with reasonable diligence. Such is admitted to be the abstract consequence of the relation created by the contract of assignment; but it is supposed that a different consequence was produced by the special nature of its terms. Is there a…

2Cited by4 opinions

  1. Lamberton v. WindomSupreme Court of Minnesota · 1867
  2. McQueen's AppealSupreme Court of Pennsylvania · 1883
  3. Miller v. Gettysburg BankSupreme Court of Pennsylvania · 1839
  4. Scott v. First National Bank of TulsaCourt Of Appeals Of Indian Territory · 1904

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