Bardsley v. Delp
Supreme Court of Pennsylvania
Error to the Court of Common Pleas, No. 1, of Philadelphia county: Of January Term 1879, No. 67. Assumpsit by William Bardsley against Allen Delp, on a promissory note made by Delp to the order of one Barndt, and by the latter endorsed to plaintiff.
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Error to the Court of Common Pleas, No. 1, of Philadelphia county: Of January Term 1879, No. 67. Assumpsit by William Bardsley against Allen Delp, on a promissory note made by Delp to the order of one Barndt, and by the latter endorsed to plaintiff. To the copy of the note filed the defendant filed an affidavit of defence, wherein he averred that defendant was a tenant of Barndt; that defendant was served as garnishee in an attachment sur judgment obtained by Hunsberger & Bros, against Barndt; that Barndt asked defendant for the note in suit to settle the amount due them, and for that purpose…
1Opinion of the CourtJustice Gordon
The defendant below, by his affidavit of defence, set forth, that he made the note in suit for the accommodation of M. K. Barndt, he, the payee, agreeing at the same time that ho would use the note in settlement of a judgment of Hunsberger & Bros., on which an attachment-execution had issued, and had been served on the defendant as garnishee, and that Barndt had violated his agreement by endorsing the paper over to the plaintiff. As the plaintiff had no notice of the equities thus subsisting between the maker and the payee, he could not be affected by them unless he occupied the position of a…
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- City Trust, Safe Deposit & Surety Co. v. Glencove Granite Co.Court of Appeals for the Third Circuit · 1902