Rhoads v. Megonigal
Supreme Court of Pennsylvania
Error to the Common Pleas of Westmoreland county. Rhoads, to the use of A. Cannon, brought debt on a single bill, the title to which was deduced by the records of a- judgment against Rhoads, the plaintiff, an execution and levy on the note in the hands of John Cannon, and a sale to A. Cannon.
Read the full summary
Error to the Common Pleas of Westmoreland county. Rhoads, to the use of A. Cannon, brought debt on a single bill, the title to which was deduced by the records of a- judgment against Rhoads, the plaintiff, an execution and levy on the note in the hands of John Cannon, and a sale to A. Cannon. It was then shown that the note had been deposited as a collateral security in the hands of John Cannon; that after the levy, but before the sale, an attachment in execution on a judgment against Rhoads had been executed by a .return of “served as to Rhoads,” and “on Megonigal,” the drawer, “by reading…
1Opinion of the CourtRogers, J.
— That a bond or note. cannot be levied on and sold at judicial sale as a chattel, is too plain to admit of argument. But it is said that it was delivered to the constable for that purpose, by John Cannon, with whom it had been deposited as collateral security for a debt owing to him by Adam Rhoads. But what authority had he to deliver it to the officer to satisfy the debt of another ? It was not put into his hands for that purpose, but as a collateral security only. He has no express authority, as must be conceded; and what implication can arise from his character of pledgee, we cannot…
2Cited by4 opinions
- Aarons v. Pub. Ser. B. L. Assn.Supreme Court of Pennsylvania · 1935
- Aarons v. Public Service Building & Loan Ass'nSupreme Court of Pennsylvania · 1935
- Tradesmen's Building & Loan Ass'n v. MaherSuperior Court of Pennsylvania · 1899
- International Coal Mining Co. v. Pennsylvania R.U.S. Circuit Court for the District of Eastern Pennsylvania · 1907