Bisbing v. Graham
Supreme Court of Pennsylvania
Error to the District Court, Philadelphia. This was an action by Graham, as endorsee of Paynter v. Bisbing, the drawer of a promissory note, as follows : March 11, 1843. Four months after date, I promise to pay to David Paynter or to' his order, three hundred and six dollars, for value received, without defalcation. Samuel Bisbing.
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Error to the District Court, Philadelphia. This was an action by Graham, as endorsee of Paynter v. Bisbing, the drawer of a promissory note, as follows : March 11, 1843. Four months after date, I promise to pay to David Paynter or to' his order, three hundred and six dollars, for value received, without defalcation. Samuel Bisbing. It was endorsed by Paynter, the payee, to the plaintiff, in these words: For value received, I assign to William Graham, or order, all my right, title and interest in the within note, without recourse. David Paynter. Special pleas were filed. The history of this…
1Opinion of the Court
The opinion of the Court was delivered, by
Rogers, J. — Had suit been brought by Paynter, the payee of the note, it is beyond question, the maker would have been liable-to set-off, under the agreement given in evidence. But the note being a negotiable instrument, the doubt is whether Graham, to whom it is endorsed, be a bona fide holder, without notice, and, as such, not affected by the equities duly existing between the original parties. That Graham knew of the agreement between Paynter and Bisbing was not pretended; at least, there is no proof of it; nor is there any proof from which fraud…
2Cases cited1 opinion
- Rice v. StearnsMassachusetts Supreme Judicial Court · 1807
3Cited by9 opinions
- Mahoney v. CollmanSupreme Court of Pennsylvania · 1928
- Leahy v. HaworthCourt of Appeals for the Eighth Circuit · 1905
- Packard v. WoodruffSuperior Court of Pennsylvania · 1914
- Howard v. KincaidSupreme Court of Oklahoma · 1915
- Barclay v. Lehigh Coal & Navigation Co.Superior Court of Pennsylvania · 1907
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