Legal Opinion

Lowry v. Lumbermen's Bank

Supreme Court of Pennsylvania

Decided September 15, 1841PublishedCited by 2 opinions

ERROR to the Special Court of Common Pleas of Warren county. Lumbermen’s Bank against Nathaniel A. Lowry. The plaintiff’s claim was founded upon the following note:— ** Three months after date we jointly and severally promise to pay to the order of the Lumbermen’s Bank, at Warren, twenty-six thousand dollars in the office notes of said bank,'or other solvent or current bank-notes. Dated 6th Sept. 1837. N. A. Lowry, Guy C. Irvine.”

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ERROR to the Special Court of Common Pleas of Warren county. Lumbermen’s Bank against Nathaniel A. Lowry. The plaintiff’s claim was founded upon the following note:— ** Three months after date we jointly and severally promise to pay to the order of the Lumbermen’s Bank, at Warren, twenty-six thousand dollars in the office notes of said bank,'or other solvent or current bank-notes. Dated 6th Sept. 1837. N. A. Lowry, Guy C. Irvine.” Most of the points raised on the trial of this cause, were the same as those in the case of Irvine v. Lumbermen’s Bank, {ante, page 190). Upon the trial of the…

1Opinion of the Court

The opinion of the Court was delivered by

Rogers, J.

In the case of Irvine v. The Lumbermen’s Bank, decided at this term, there was no judgment and execution; but here a judgment was rendered, an execution issued, and a return of nulla bona. The defendant also gave in evidence a bill in chancery, filed by Benham, in whose favour the judgment was *214rendered against Lowry and others, and an injunction enjoining Lowry from paying any money he may be indebted to the bank. But, notwithstanding this difference in the circumstances, we are of opinion they come within the same principle. To entitle a…

2Cases cited1 opinion

  1. Gould v. GouldNew York Supreme Court · 1828

3Cited by2 opinions

  1. Adams v. DeFrehnSuperior Court of Pennsylvania · 1905
  2. Melven v. DarlingSuperior Court of New Hampshire · 1803

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