Legal Opinion

Taylor v. Breisch

Supreme Court of Pennsylvania

Decided October 3, 1887No. 279PublishedCited by 1 opinion

Error to the-Common Pleas of Schuylkill County to review a judgment on a verdict for the defendants in an action of debt.

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Error to the-Common Pleas of Schuylkill County to review a judgment on a verdict for the defendants in an action of debt. Tliis was an action of debt by Benjamin T. Taylor against Jacob Breiseb and others, trading as Jacob Breiseb & Company, on two promissory notes: one for $4,000, dated February 17,, 1874, tbe other for $1,882.77, dated January 21, 1874, given in renewal of notes for tbe same amounts, dated respectively November 22, 1871, and August 13, 1873- — made by Jacob Breiseb & Company, the former to tbe order of Adam Breijcb, one of the-partners, and indorsed first by him and then by…

1Opinion of the Court

Opinion by

Mr. Justice Green:

The assignments of error in this case raise but the one question whether the direction to deduct the usury paid on the $3,500 note was correct. It is not proposed by the defendants that the usury upon that note shall be deducted from the notes in suit; and therefore the question is not precisely the same as that presented in the cases cited in the argument

But the $3,500 note does not belong to the plaintiff; at least there is no legal identity of the plaintiff with the ostensible owners of that note. How then can the rights of such owners be determined in the…

2Cases cited1 opinion

  1. Lennig's AppealSupreme Court of Pennsylvania · 1880

3Cited by1 opinion

  1. Cameron v. LaneSupreme Court of Louisiana · 1884

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