Fink v. Farmers' Bank
Supreme Court of Pennsylvania
Appeal, No. 14, May T., 1896, by defendants, from decree of C. P. Daupbin Co., Equity Docket, No. 172, on bill in equity. Bill in equity for an injunction and to compel the delivery of certain promissory notes.
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Appeal, No. 14, May T., 1896, by defendants, from decree of C. P. Daupbin Co., Equity Docket, No. 172, on bill in equity. Bill in equity for an injunction and to compel the delivery of certain promissory notes. The case was referred to M. W. Jacobs as master, who reported the following facts: 1. The Farmers’ Bank of Harrisburg was incorporated by a special act of assembly, approved March 27,1873, for the purpose of carrying on the business of banking in the city of Harrisburg. 2. Immediately after its incorporation the said bank commenced business under its charter and so continued until…
1Opinion of the Court
Opinion by
Mr. Justice Mitchell,
The plaintiff by his bill seeks to rescind a contract and repossess the evidence of his liability. It is admitted that there was no accident, and no concealment, imposition or other element of fraud. But the learned master found there was such a mistake by the plaintiff as to his liability on the bond as to *167bring bis case within that class of mixed mistake of law and fact against the consequence of which courts of equity sometimes relieve. After a very clear and able review of the decisions in England and some other states, the learned master says frankly that…
2Cases cited4 opinions
- Sickles v. . HeroldNew York Court of Appeals · 1896
- Treasurer of the State v. MannSupreme Court of Vermont · 1861
- Sickels v. HeroldNew York Court of Common Pleas · 1895
- Shackamaxon Bank v. YardSupreme Court of Pennsylvania · 1891
3Cited by23 opinions
- Thommen v. Aldine Trust Co.Supreme Court of Pennsylvania · 1930
- State Camp of Penna. of Patriotic Sons of America v. KelleySupreme Court of Pennsylvania · 1920
- Closson v. BillmanIndiana Supreme Court · 1904
- Hempfield Township School District v. CavalierSupreme Court of Pennsylvania · 1932
- First National Bank v. RockefellerSupreme Court of Pennsylvania · 1938
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