Legal Opinion

Westmoreland Bank v. Rainey

Supreme Court of Pennsylvania

Decided September 15, 1832PublishedCited by 8 opinions

WRIT of error to Westmoreland county. This case originated on a writ of scire facias by the Westmoreland Bank of Pennsylvania against Robert Rainey, to revive a judgment against him. The parties agreed to consider the following facts in the nature of a special verdict.

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WRIT of error to Westmoreland county. This case originated on a writ of scire facias by the Westmoreland Bank of Pennsylvania against Robert Rainey, to revive a judgment against him. The parties agreed to consider the following facts in the nature of a special verdict. “ On the 4th of December 1816, James Irwin drew a promissory note in favour of John Kirkpatrick, for the sum of 700 dollars, payable at the Westmoreland Bank of Pennsylvania, which said note was indorsed by the said John Kirkpatrick, and afterwards by Robert Rainey, and discounted at the said Westmoreland Bank of Pennsylvania,…

1Opinion of the Court

The opinion of the court was delivered by

Kennedy, J.

This was a writ of scire facias quare executio non sued out of the court of common pleas of Westmoreland county by the Westmoreland Bank, upon a judgment which it had in that court against the defendant in error, for the amount of a note which he had indorsed to the bank. The note was drawn by a certain James Irwin in favour of John Kirkpatrick or order, and indorsed by Kirkpatrick to the defendant. A judgment at the suit of the bank was likewise obtained against Kirkpatrick for the amount of the note. These judgments in favour of the bank…

2Cases cited4 opinions

  1. Young v. TaylorSupreme Court of Pennsylvania · 1809
  2. Pennock v. HartSupreme Court of Pennsylvania · 1822
  3. Commonwealth ex rel. Pennock's Executors v. M'KissonSupreme Court of Pennsylvania · 1824
  4. Schlosser v. LesherSupreme Court of the United States · 1789

3Cited by8 opinions

  1. In re Fulton's EstateSupreme Court of Pennsylvania · 1866
  2. Newton v. NunnallySupreme Court of Georgia · 1848
  3. City of Philadelphia v. ScottSupreme Court of Pennsylvania · 1879
  4. Silverthorn v. TownsendSupreme Court of Pennsylvania · 1860
  5. Allen v. LiggettSupreme Court of Pennsylvania · 1876

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