Hallowell & Co. v. Curry
Supreme Court of Pennsylvania
Error to tlie Common Pleas of Erie county. This was an action of assumpsit, brought April 26th 1859, by Morris L. Hallowell & Co. against William C. Curfy & Co., bankers in the city of Erie, to recover damages for neglect to demand and protest a note left with them for collection by the plaintiffs, and to give notice of non-payment of said note to the endorser, through which neglect the endorser was discharged and the plaintiffs lost their debt.
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Error to tlie Common Pleas of Erie county. This was an action of assumpsit, brought April 26th 1859, by Morris L. Hallowell & Co. against William C. Curfy & Co., bankers in the city of Erie, to recover damages for neglect to demand and protest a note left with them for collection by the plaintiffs, and to give notice of non-payment of said note to the endorser, through which neglect the endorser was discharged and the plaintiffs lost their debt. The material facts of the case were these: The plaintiffs were the holders and owners of a promissory note drawn by J. H. Fullerton, to the order of…
1Opinion of the Court
The opinion of the court was delivered,
by Read, J.
This was an action on the case brought by the plaintiffs against the defendants, for a breach of duty, as agents for collection of a promissory note, drawn by J. H. Fullerton to the order of Edwin J. Kelso, and endorsed by him, and payable, six months after its date, “ at the office of William C. Curry & Co.,” the defendants. Thé plaintiffs were the owners of this note, and remitted it from Philadelphia to the defendants, bankers in Erie, for collection, and it had been for some days in their banking office before its maturity, and was there…
2Cases cited9 opinions
- Bank of United States v. SmithSupreme Court of the United States · 1826
- New Orleans v. United StatesSupreme Court of the United States · 1836
- Fullerton v. President of the Bank of the United StatesSupreme Court of the United States · 1828
- President of the Bank of the United States v. CorcoranSupreme Court of the United States · 1829
- English, Smith, MacKall & Hoffman v. FoxallSupreme Court of the United States · 1829
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