Lyons v. Benney
Supreme Court of Pennsylvania
Appeal, No. 31, Oct. T., 1910, by defendant, from order of C. P. No. 1, Allegheny Co., March T., 1909, No. 124, making absolute rule for judgment for want of a sufficient affidavit of defense in case of Robert Lyons, receiver of the Cosmopolitan National Bank of Pittsburg, v. G. A. Benney. Assumpsit upon a promissory note. Before Mac-FARLANE, J. The facts are stated in the opinion of the Supreme Court.
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Appeal, No. 31, Oct. T., 1910, by defendant, from order of C. P. No. 1, Allegheny Co., March T., 1909, No. 124, making absolute rule for judgment for want of a sufficient affidavit of defense in case of Robert Lyons, receiver of the Cosmopolitan National Bank of Pittsburg, v. G. A. Benney. Assumpsit upon a promissory note. Before Mac-FARLANE, J. The facts are stated in the opinion of the Supreme Court. Error assigned was order making absolute rule for judgment for want of a sufficient affidavit of defense. The general rule of law is that a receiver simply takes the place of the bank and has…
1Opinion of the Court
Opinion by
Mr. Justice Brown,
The appellant admits that he executed the note in suit and that the Cosmopolitan National Bank of Pittsburg was the holder of it at the time its insolvency resulted in the appointment of the appellee as its receiver. The defense set up by the maker to avoid his obligation is that sometime prior to July 22, 1908 — the day his note was made — the bank was the holder of another obligation made by the Colonial Concrete-Steel Company and in*119dorsed by F. H. McKinnie, vice president of the bank; that the bank had been carrying this note for some time, and, upon objection…
2Cases cited4 opinions
- Franklin National Bank v. WhiteheadIndiana Supreme Court · 1898
- Cushing v. PerotSupreme Court of Pennsylvania · 1896
- State Bank v. KirkSupreme Court of Pennsylvania · 1907
- People's Bank v. StroudSupreme Court of Pennsylvania · 1909
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- Vallely v. DevaneyNorth Dakota Supreme Court · 1923
- Shaw v. BorchersTexas Commission of Appeals · 1932
- German-American Finance Corp. v. Merchants & Manufacturers State BankSupreme Court of Minnesota · 1929
- Waslow v. Grant Thornton LLP (In Re Jack Greenberg, Inc.)United States Bankruptcy Court, E.D. Pennsylvania · 1999
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