Loyd v. McCaffrey
Supreme Court of Pennsylvania
Error to the District Court of Philadelphia. This was an attachment execution, at the suit of Patrick Mc-Caffrey against Joseph H. Taylor and others, late partners trading as J. H. & E. Taylor and Company, in which William H. Loyd and Graham Blandy, trading as Loyd & Blandy, bankers, were summoned as garnishees.
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Error to the District Court of Philadelphia. This was an attachment execution, at the suit of Patrick Mc-Caffrey against Joseph H. Taylor and others, late partners trading as J. H. & E. Taylor and Company, in which William H. Loyd and Graham Blandy, trading as Loyd & Blandy, bankers, were summoned as garnishees. The writ was served on the 7th of November 1862. Interrogatories wore filed in due form, and the answers of the garnishees disclosed the following facts :— The defendant, Joseph H. Taylor, opened an account August 26th 1861, and deposited with the firm of Loyd & Blandy, drawing from…
1Opinion of the Court
The opinion of the court was delivered, January 25th 1864, by
Strong, J.
It cannot be maintained that Taylor’s check in favour of Wilson, without more, amounted to an equitable appropriation of the funds in the hands of the bankers to whom the check was addressed. To make an order or draft an equitable assignment, it must designate the fund upon which it is drawn: Greenfield’s Estate, 12 Harris 232. And see the cases collected in vol. 2, part 2, Lead. Cases in Equity 232. Taylor’s check was drawn upon no specified fund. It was payable out of any fund the drawer might have had in the hands of…
2Cited by4 opinions
- Hemphill v. YerkesSupreme Court of Pennsylvania · 1890
- Patrick v. SmithSuperior Court of Pennsylvania · 1896
- S. Catanzaro & Sons, Inc. v. Hellman Commercial Trust & Savings BankSupreme Court of Pennsylvania · 1924
- Eppinger v. Allen, Pennsylvania Court of Common Pleas, Philadelphia County1927