West Branch Bank & Mehaffy v. Armstrong
Supreme Court of Pennsylvania
Error to the Common Pleas of Lycoming county. This was an action of assumpsit brought in the court below, to January Term 1859, by James Armstrong against the West Branch Bank, to recover the value of certain stock of the bank which was claimed by him, and whose demand to have it transferred upon the books of the bank had been refused. The stock was also claimed by Lindsey Mehaffy, who was allowed to interplead, and thus become a party to the suit.
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Error to the Common Pleas of Lycoming county. This was an action of assumpsit brought in the court below, to January Term 1859, by James Armstrong against the West Branch Bank, to recover the value of certain stock of the bank which was claimed by him, and whose demand to have it transferred upon the books of the bank had been refused. The stock was also claimed by Lindsey Mehaffy, who was allowed to interplead, and thus become a party to the suit. The material facts of the case are as follows:— On the 22d of April 1856, William McKinney was the owner of forty shares of stock in the West…
1Opinion of the Court
The opinion of the court was delivered,
by Thompson, J.
The plaintiff’s rights in this case depended not upon the doctrine of subrogation, for it did not exist as between him and his joint endorser, William McKinney. Joint promisees have no such rights as against each other, and therefore all that was said on that subject was outside of the case.
William McKinney, the proprietor of the stock in question, and the plaintiff, being joint endorsers for John McKinney, became debtors to the bank, certainly on the 24th day of July 1856, the date of the protest of the note of the 22d of April preceding.…
2Cases cited1 opinion
- Foster v. FoxSupreme Court of Pennsylvania · 1842
3Cited by1 opinion
- National Bank v. Rochester Tumbler Co.Supreme Court of Pennsylvania · 1896