Farmers Dep. N. Bank v. Penn Bank
Supreme Court of Pennsylvania
ERROR TO THE COURT OF COMMON PLEAS NO. 1 OF ALLEGHENY COUNTY. No. 169 October Term 1888, Sup. Ct.; court below, No. 302 September Term 1884, C. P. No. 1. On February 11, 1886, a declaration in tbe common counts in assumpsit was filed in an action brought on July 4,1884, by the Penn Bank, for use of Henry Warner, assignee, against tlie Farmers Deposit National Bank, to recover tbe sum of $23,218.59, with interest from May 28,1884. The defendant pleaded, non assumpsit,…
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ERROR TO THE COURT OF COMMON PLEAS NO. 1 OF ALLEGHENY COUNTY. No. 169 October Term 1888, Sup. Ct.; court below, No. 302 September Term 1884, C. P. No. 1. On February 11, 1886, a declaration in tbe common counts in assumpsit was filed in an action brought on July 4,1884, by the Penn Bank, for use of Henry Warner, assignee, against tlie Farmers Deposit National Bank, to recover tbe sum of $23,218.59, with interest from May 28,1884. The defendant pleaded, non assumpsit, payment, set-off, and payment with leave. At tlie trial on April 18, 1888, the plaintiff put in evidence tbe account of the…
1Opinion of the Court
Opinion,
Me. Justice Paxson:
It is not denied that at the time of the failure of the Penn Bank and its assignment to Henry Warner for the benefit of *291creditors, the Farmers Deposit Bank (defendant below) was the lawful holder of the check of the said Penn Bank for $88,000, and that it was such holder at the time of the trial below. In a suit brought by the assignee of the Penn Bank against the said Farmers Deposit Bank to recover a balance of $23,218.59, admittedly due the Penn Bank at the time of its failure, the Farmers Deposit Bank attempted to use the check of $88,000 as a set-off. The court…
2Cases cited2 opinions
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