Legal Opinion

Appeal of Kemmerer

Supreme Court of Pennsylvania

Decided March 19, 1883PublishedCited by 7 opinions

Appeal from the Orphans’ Court or Lehigh county: Of January Term 1883, No. 257. Appeal of Charles Kemmerer and wife and Mary Ann Danner, from the decree of said court, dismissing their exceptions to and confirming the report of an Auditor in the matter of the distribution of the balance in the hands of Mary Ann Danner administratrix of David Danner, Sr., who died August 1st 1878. Before the Auditor (O. E. Holman, Esq.), a claim was presented by the Allentown National Bank,…

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Appeal from the Orphans’ Court or Lehigh county: Of January Term 1883, No. 257. Appeal of Charles Kemmerer and wife and Mary Ann Danner, from the decree of said court, dismissing their exceptions to and confirming the report of an Auditor in the matter of the distribution of the balance in the hands of Mary Ann Danner administratrix of David Danner, Sr., who died August 1st 1878. Before the Auditor (O. E. Holman, Esq.), a claim was presented by the Allentown National Bank, on a promissory note dated June 28th 1878, for $1,900, drawn by one Shimer to the order of David Danner Sr., and by him…

1Opinion of the Court

The opinion of the court was delivered March 19th 1883.

Pee Curiam.

— It is well settled law that the acceptance of a new security for an existing debt does not operate as a payment, unless so intended by the parties, and this is a question for the jury: Hart v. Boiler, 15 S. & R. 132; Brown v. Scott, 1 P. F. Smith 357; Seltzer v. Coleman, 8 Casey 493. In the present case there was an express agreement that the acceptance of the new notes should not be considered a payment in whole or in part, of the old notes, but should be deemed simply as collateral security, nor should the new notes operate…

2Cited by7 opinions

  1. Second National Bank v. GrahamSupreme Court of Pennsylvania · 1914
  2. Collins v. BuschSupreme Court of Pennsylvania · 1899
  3. Borowsky v. MargulisSupreme Court of Pennsylvania · 1933
  4. Martin v. BreckenridgeCourt of Appeals for the Fourth Circuit · 1926
  5. Farmers' National Bank v. MarshallSuperior Court of Pennsylvania · 1899

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