Rahm v. Philadelphia Bank
Supreme Court of Pennsylvania
Writ of error to the Court of Common Pleas of Dauphin county. The Philadelphia Bank was plaintiff belo.w, and;-sued on the following note, endorsed by Kapp, and discounted by the bank:— “Harrisburg, December 12th, 1814.—Sixty days after date, I promise to pay to Michael Kapp,-ox order, at the Office of Discount and Deposite, Harrisburg, without defalcation, fifteen hundred dollars, for value received. u Samuel Laird.” 1 It was in evidence, that Fahnestock, the president, on…
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Writ of error to the Court of Common Pleas of Dauphin county. The Philadelphia Bank was plaintiff belo.w, and;-sued on the following note, endorsed by Kapp, and discounted by the bank:— “Harrisburg, December 12th, 1814.—Sixty days after date, I promise to pay to Michael Kapp,-ox order, at the Office of Discount and Deposite, Harrisburg, without defalcation, fifteen hundred dollars, for value received. u Samuel Laird.” 1 It was in evidence, that Fahnestock, the president, on the day of payment, the 13th of February, 1815, after the board of directors had broken up, seeing Kapp, told him that…
1Opinion of the Court
The opinion of the court was delivered by
Tod; J.
The errors alleged may, for.’ the sake of shortness, be reduced to three. 1. In deciding, that no demand was requisite upop Laird) the maker of the note,'or' upon his representatives. 2. That verbal notice -by the clerk of the bank, was sufficient. 3.. In deciding, that under the words of the act’of assembly, incorporating the bank, both the 'notice of protest, and the protest itself, were unnecessary. ' ’ '. " On the two first allegations of error, there is not, except from the peculiar wording of the act; of assembly, the least doubt with any…
2Cases cited4 opinions
- President of the Berkshire Bank v. JonesMassachusetts Supreme Judicial Court · 1810
- Wolfersberger v. BucherSupreme Court of Pennsylvania · 1823
- Farmers' & Mechanics' Bank v. GreinerSupreme Court of Pennsylvania · 1815
- President of the Bank of North America v. M'KnightSupreme Court of Pennsylvania · 1792
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