Northampton Bank v. Balliet
Supreme Court of Pennsylvania
ERROR to the Common Pleas of Lehigh county. This was an action of debt brought by the Northampton Bank for the use of John Swander, against Stephen Balliet, Jun., who was impleaded with Jacob Huntzinger (who was not summoned), on a bond given by the defendants to the bank, dated in January 1840, in the penalty of $1000 conditioned for the payment of $500 on the 1st April 1843, with interest from the 1st April 1840. The defendant pleaded payment and tender.
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ERROR to the Common Pleas of Lehigh county. This was an action of debt brought by the Northampton Bank for the use of John Swander, against Stephen Balliet, Jun., who was impleaded with Jacob Huntzinger (who was not summoned), on a bond given by the defendants to the bank, dated in January 1840, in the penalty of $1000 conditioned for the payment of $500 on the 1st April 1843, with interest from the 1st April 1840. The defendant pleaded payment and tender. The plaintiff, after giving in evidence the bond in suit, gave in evidence the following assignment endorsed on said bond: The Northampton…
1Opinion of the Court
The opinion of the Court was delivered by
Rogers, J.
This was an action of debt to recover the amount due on a bond given by the defendants to the Northampton Bank, in the penalty of $1000, conditioned to pay $500 with interest on the 1st day of April 1843. The defendants plead payment and tender: replications and issues. The suit is brought for the use of John Swander, to whom the bond was assigned on the 5th of April 1842. But the defendants received no notice of the assignment until the 23d January 1843. The case may be viewed in two aspects: first, as between the Northampton Bank and the…
2Cases cited5 opinions
- President of Hallowell & Augusta Bank v. HowardMassachusetts Supreme Judicial Court · 1816
- Bayard v. ShunkSupreme Court of Pennsylvania · 1841
- Wheeler v. HughesSupreme Court of the United States · 1776
- Hinkley v. WaltersSupreme Court of Pennsylvania · 1839
- Hoffman v. StroheckerSupreme Court of Pennsylvania · 1840
3Cited by11 opinions
- St. Louis Natl. Bank v. GayCalifornia Supreme Court · 1894
- Colton v. Drovers' Perpetual Building & Loan Ass'nCourt of Appeals of Maryland · 1899
- Kountz v. Kirkpatrick & LyonsSupreme Court of Pennsylvania · 1873
- Exchange Bank v. KnoxSupreme Court of Virginia · 1870
- Clark v. SullivanNorth Dakota Supreme Court · 1893
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