McGough v. Jamison
Supreme Court of Pennsylvania
Error to tbe Court of Common Pleas of Armstrong county: Of October and November Term, 1884, No. 63. . Assumpsit, brought September 4th, 1882, by B. F. Jamison, against Peter McGough, James P. Parker, and several others, co-partners lately doing business as the Parker Savings Bank upon the following instrument: PARKER’S SAVINGS BANK. McGough, Parker & Co., Bankers. $843 Certificate Deposit.
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Error to tbe Court of Common Pleas of Armstrong county: Of October and November Term, 1884, No. 63. . Assumpsit, brought September 4th, 1882, by B. F. Jamison, against Peter McGough, James P. Parker, and several others, co-partners lately doing business as the Parker Savings Bank upon the following instrument: PARKER’S SAVINGS BANK. McGough, Parker & Co., Bankers. $843 Certificate Deposit. CD «tí >-H +? iti m cS _ jd ® "§ "a § I M P-i d, m Parker’s Landing-, April 29,1876. B. F. Jamison has deposited in this Bank eight hundred and forty three dollars, payable to the order of himself on return…
1Opinion of the Court
The opinion of the court was filed October 27th, 1884.
2Per curiam
It is true the statute of limitations begins to run against a mere due bill payable on demand, from the date of the bill and not from the time of demand for payment : Andress’s et al. Appeal, 3 Out. 421. That is because suit may be brought at once thereon without previous demand. The instrument however on which this suit is brought is not such a due bill. It is not payable on demand merely. It is payable to the order of the depositor “ on return of this certificate.” That superadded condition changes its character.
A suit could not be…
3Cases cited1 opinion
- Cooper v. MowryMassachusetts Supreme Judicial Court · 1819
4Cited by5 opinions
- Elliott v. Capital City State BankSupreme Court of Iowa · 1905
- Emerson v. North American Transportation & Trading Co.Illinois Supreme Court · 1922
- Gardner' EstateSupreme Court of Pennsylvania · 1910
- Rodriguez v. First State Bank & Trust Co.Court of Appeals of Texas · 1919
- Fallon v. Safety Banking & Trust Co.Superior Court of Pennsylvania · 1911