Chipman & Holt v. Ninth N. Bank
Supreme Court of Pennsylvania
ERROR TO THE COURT OF COMMON PLEAS NO. 2 OF PHILADELPHIA COUNTY. No. 151 January Term 1888, Sup. Ct.; court below, No. 414 September Term 1887, C. P. No. 2. On November 5,1887, an action of assumpsit was brought by R. H. Chipman and D. W. Holt, trading as Chipman & Holt, to use of John I. Rogers, assignee for the benefit of creditors, against the Ninth National Bank of Philadelphia, and on November 7th, the plaintiff’s statement, verified by affidavit, was filed, which…
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ERROR TO THE COURT OF COMMON PLEAS NO. 2 OF PHILADELPHIA COUNTY. No. 151 January Term 1888, Sup. Ct.; court below, No. 414 September Term 1887, C. P. No. 2. On November 5,1887, an action of assumpsit was brought by R. H. Chipman and D. W. Holt, trading as Chipman & Holt, to use of John I. Rogers, assignee for the benefit of creditors, against the Ninth National Bank of Philadelphia, and on November 7th, the plaintiff’s statement, verified by affidavit, was filed, which averred in substance: That on September 8, 1887, Chipman & Holt had made an assignment of all their estate, real and…
1Opinion of the Court
Opinion,
Me. Justice Steeeett :
On September 3, 1887, when Chipman & Holt assigned all their property to the use plaintiff, in trust for the benefit of their creditors, they had on deposit in defendant bank a cash balance of $3,069.61, subject to their check. Formal demand on the bank for that amount was made by the assignee on the second day thereafter, and payment being refused he brought this suit on November 5th, following. At the time of the assignment, the bank held several pieces of the assignors’ unmatured commercial paper, some of which, amounting to over $7,000, matured after demand…
2Cases cited3 opinions
- Beckwith v. . the Union Bank of New-YorkNew York Court of Appeals · 1853
- Jordan v. SharlockSupreme Court of Pennsylvania · 1878
- First National Bank v. Holmes, Lafferty & Co.Supreme Court of Pennsylvania · 1877
3Cited by19 opinions
- Brothers v. Girard National BankSupreme Court of Pennsylvania · 1915
- Richardson v. AndersonCourt of Appeals of Maryland · 1909
- Commonwealth v. Tradesmen's Trust Co.Supreme Court of Pennsylvania · 1915
- Wright v. Seaboard Steel & Manganese Corp.Court of Appeals for the Second Circuit · 1921
- Kurtz v. County National BankSupreme Court of Pennsylvania · 1927
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