Legal Opinion

Barnet v. Offerman

Supreme Court of Pennsylvania

Decided May 15, 1838PublishedCited by 6 opinions

ERROR to the common pleas of Berks county. Daniel Reinhart, indorsee of Peter Reinhart against John C. Offerman. Action on two negotiable notes dated the 24th July 1834; one for 700 dollars, payable in eight months, the other for 500 dollars payable in six months, at the office of discount and deposit at Reading. As to the first note no defence was made. The charge of the court below, which states the facts of the case distinctly, was the only subject of exception.

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ERROR to the common pleas of Berks county. Daniel Reinhart, indorsee of Peter Reinhart against John C. Offerman. Action on two negotiable notes dated the 24th July 1834; one for 700 dollars, payable in eight months, the other for 500 dollars payable in six months, at the office of discount and deposit at Reading. As to the first note no defence was made. The charge of the court below, which states the facts of the case distinctly, was the only subject of exception. Banks, President.-—“ At the time the defendant gave the notes on which the suit is brought, he took from Peter Reinhart the…

1Opinion of the Court

*133The opinion of the Court was delivered by

Huston, J.

The opinion of the court embodies all the testimony given in the cause, or at least all that we have of it. The books all say, and the world says, that perfect fairness and punctuality are the life of mercantile business. And on this ground a promissory note, or in this state a note payable at a bank and without defalcation, is recoverable, without regard to the state of accounts between the maker and payee at its maturity. This in case it has been discounted at bank, or is in the hands of a bona fide holder. But if the man to whom the note…

2Cases cited1 opinion

  1. Cromwell v. ArrottSupreme Court of Pennsylvania · 1814

3Cited by6 opinions

  1. De Hass v. DibertCourt of Appeals for the Third Circuit · 1895
  2. Bower v. HastingsSupreme Court of Pennsylvania · 1860
  3. Isom v. First National BankMississippi Supreme Court · 1876
  4. Sanger v. ClevelandMassachusetts Supreme Judicial Court · 1813
  5. Carrol v. PetersLouisiana Court of Appeal · 1881

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