State Bank v. McCoy
Supreme Court of Pennsylvania
Error to the Court of Common, Pleas of Juniata county: No. 62, to May Term 1871. This was an action of assumpsit, brought to September Term 1870, by the State Bank, endorsee, against Neal McCoy, on a note for $225, dated March 11th 1870, and payable July 1st 1870, to J. J. Wilhelm & Co., or bearer. The defence was, that the defendant had been fraudulently induced to execute the note when he was so much intoxicated as to be incapable of making a contract.
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Error to the Court of Common, Pleas of Juniata county: No. 62, to May Term 1871. This was an action of assumpsit, brought to September Term 1870, by the State Bank, endorsee, against Neal McCoy, on a note for $225, dated March 11th 1870, and payable July 1st 1870, to J. J. Wilhelm & Co., or bearer. The defence was, that the defendant had been fraudulently induced to execute the note when he was so much intoxicated as to be incapable of making a contract. The case was tried before Graham, P. J. For the plaintiff Henry A. Sturgeon testified:— “ I am cashier of State Bank at Harrisburg. On 20th…
1Opinion of the Court
The opinion of the court was delivered, July 3d 1872, by
Williams, J.
This was an action brought by the State Bank, as endorsee, against the defendant as maker of the promissory note sued on, and the defence was that it had been fraudulently obtained from the defendant when he was drunk, and that the bank took it under such circumstances of suspicion that it was not a boná fide holder for value, without notice of the fraud. Under the charge of the court, the jury found that the defendant received no consideration for the note; that he was so intoxicated at the time he signed it, as to be wholly…
2Cited by6 opinions
- Hosler v. HurshSupreme Court of Pennsylvania · 1892
- Ringle v. Penna. R. R.Supreme Court of Pennsylvania · 1894
- Lancaster County National Bank v. GarberSupreme Court of Pennsylvania · 1896
- West v. Manatawny Mut. F. & S. Ins.Supreme Court of Pennsylvania · 1923
- Casey v. CanningSuperior Court of Pennsylvania · 1909
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