Wilson v. Mechanics' Savings Bank ex rel. Park
Supreme Court of Pennsylvania
ERROR to the Common Pleas of Dauphin county. This was an action of assumpsit, brought May 28th 1860, by Benjamin Park against Andrew P. Wilson. The plaintiff declared on a draft, or bill, of which the following is a copy:— “Harrisburg, June 1st 1857. «53000. “ Six months after date, pay to the order of Henry Keller, at Girard Bank, Philadelphia, three thousand dollars, value received, and charge the same to account of “David R. Porter.
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ERROR to the Common Pleas of Dauphin county. This was an action of assumpsit, brought May 28th 1860, by Benjamin Park against Andrew P. Wilson. The plaintiff declared on a draft, or bill, of which the following is a copy:— “Harrisburg, June 1st 1857. «53000. “ Six months after date, pay to the order of Henry Keller, at Girard Bank, Philadelphia, three thousand dollars, value received, and charge the same to account of “David R. Porter. To A. P. Wilson, Esq., “ Huntingdon, Pa.” Endorsed. “ Pay to the order of the Mechanics’ Saving Bank. “Henry Keller. “Accepted, A. P. Wilson.” To which the…
1Opinion of the Court
The opinion of the court was delivered,
by
THOMPSON, J.
A person who takes a bill or note after it is due, takes it subject to all objections in respect of want of consideration or illegality, and all other objections and equities affecting the instrument itself, and to which it was liable in the hands of the person from whom he takes it: Chitty & Hulme on Bills 217. So fully to this effect is the case of Bower v. Hastings, 12 Casey 285, in which all the principal authorities are cited by my brother. Read, that it would be a waste of time to cite them, or renew the investigation.
The bank'from…
2Cases cited3 opinions
- Andrews v. HerriotNew York Supreme Court · 1825
- Steel v. SmithSupreme Court of Pennsylvania · 1844
- Mercer v. M'WilliamsOhio Supreme Court · 1832
3Cited by2 opinions
- Glenny v. BoydSuperior Court of Pennsylvania · 1904
- Peale v. AddicksSupreme Court of Pennsylvania · 1896