Altoona Second National Bank v. Dunn
Supreme Court of Pennsylvania
Appeals, Nos. 150, 151, 152, 153, July T., 1891, by defendants, Maggie Dunn, D. A. Dunn, Agnes Dunn and Annie Dunn from orders of C. P. Blair Co., Oct. T., 1887, Nos. 492, 542, 543 and 544, refusing to open the several judgments in the respective cases.
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Appeals, Nos. 150, 151, 152, 153, July T., 1891, by defendants, Maggie Dunn, D. A. Dunn, Agnes Dunn and Annie Dunn from orders of C. P. Blair Co., Oct. T., 1887, Nos. 492, 542, 543 and 544, refusing to open the several judgments in the respective cases. Rules to open judgments.' The facts appear in the opinion of the court below, by Dean, P. J.: “Edward T. Dunn, son, and Ellen Dunn, mother, had borrowed from the Second National Bank, of Altoona, this plaintiff, at different times, money aggregating in amount ten thousand dollars; the borrowers became involved in real estate and building…
1Opinion of the Court
Opinion by
Mr. Justice Heydrick,
Conceding that the learned court below was justified by the evidence in the finding that “ there was no misrepresentation on the part of Gardner to obtain the notes,” it does not follow that the appellant can be held beyond the amount, if any, which the bank advanced upon her credit. The plaintiff does not claim to have advanced more than about four hundred dollars upon the appellant’s credit, and there is some doubt whether that sum was not advanced before the note in controversy was made and without the knowledge, or any promise upon the part of the appellant.…
2Cases cited6 opinions
- Lord v. Ocean BankSupreme Court of Pennsylvania · 1853
- Carpenter v. National Bank of the RepublicSupreme Court of Pennsylvania · 1884
- Royer v. Keystone National BankSupreme Court of Pennsylvania · 1877
- Cummings v. BoydSupreme Court of Pennsylvania · 1877
- Pratt's AppealSupreme Court of Pennsylvania · 1875
1 more not listed; retrieve them via the Exa API.
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