Oliphant v. Church & Carothers
Supreme Court of Pennsylvania
Error to tbe District Court of Allegheny county. This was an action on the case, by Church & Carothers, against F. H. Oliphant as endorser of a bül of exchange, as follows :— Springfield Furnace, June 15, 1848. Four months after date pay to the order of J. H. Duncan, two thousand dollars, at the Western Bank of Baltimore, without defalcation, for value received, and charge to account of J. K. Duncan. To Messrs. Calhoun & Harrison, Cumberland, Md.
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Error to tbe District Court of Allegheny county. This was an action on the case, by Church & Carothers, against F. H. Oliphant as endorser of a bül of exchange, as follows :— Springfield Furnace, June 15, 1848. Four months after date pay to the order of J. H. Duncan, two thousand dollars, at the Western Bank of Baltimore, without defalcation, for value received, and charge to account of J. K. Duncan. To Messrs. Calhoun & Harrison, Cumberland, Md. The bill was endorsed by J. H. Duncan, and successively by F. H. Oliphant, the defendant in the suit, by Church & Carothers, and others. The pleas…
1Opinion of the Court
The opinion of the Court was delivered, by
Woodward, J.
This was an action by Church & Carothers, endorsees, against J. H. Oliphant, endorser of a MU of exchange, drawn by J. K Duncan, on Calhoun & Harrison, of Cumberland, Md., in favor of J. K. Duncan, for $2000, at four months.
The defendant set up that a note of $2000, made by Carothers, Miller & Co., to the order of J. K. Duncan, and endorsed by him and Oliphant, had been discounted at the Brownsville Bank, and the proceeds remitted to Church & Carothers, whose clerk credited the amount to the account of J. K. Duncan, and charged to the same…
2Cases cited1 opinion
- Weakly v. Bell & SterlingSupreme Court of Pennsylvania · 1840
3Cited by1 opinion
- Kearney v. First N. BankSupreme Court of Pennsylvania · 1889