McIntyre v. Kennedy, Childs & Co.
Supreme Court of Pennsylvania
Error to the Common Pleas of Allegheny county. .This was an action of assumpsit by John McIntyre against Kennedy, Childs & Co., in which the parties agreed upon the following case stated in the nature of a special verdict.
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Error to the Common Pleas of Allegheny county. .This was an action of assumpsit by John McIntyre against Kennedy, Childs & Co., in which the parties agreed upon the following case stated in the nature of a special verdict. Kennedy, Childs & Co., the defendants above named, owed John McIntyre, plaintiff above named, a sum of money amounting to something more than two hundred dollars ($200). On the second day of January, A. D. 1855, the plaintiff went to the counting-house of the defendants, and asked for two hundred dollars of what they owed him. Mr. Strong, one of the defendants, paid him the…
1Opinion of the Court
The opinion of the court was delivered by
Woodward, J.
A creditor applies to his debtor for part payment of the debt, and receives from him his own check and the cheek of a third party, the latter of which, on presentment in due time, is refused payment: is this satisfaction pro tanto, as between the debtor and creditor ? Or, in other words, which of them is to sustain the loss of the worthless cheek ?
We suppose that among business men this question would be of easy solution; that a check given by a debtor, whether his own or *450another’s, for a pre-existing debt, would be regarded as conditional…
2Cases cited9 opinions
- Sheehy v. Mandeville & JamessonSupreme Court of the United States · 1810
- Tobey v. BarberNew York Supreme Court · 1809
- Thacher v. DinsmoreMassachusetts Supreme Judicial Court · 1809
- Weakly v. Bell & SterlingSupreme Court of Pennsylvania · 1840
- Ellis v. WildMassachusetts Supreme Judicial Court · 1810
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3Cited by6 opinions
- N. Holmes & Sons v. Briggs & DrumSupreme Court of Pennsylvania · 1890
- Kilpatrick v. Home B. & L. Ass'nSupreme Court of Pennsylvania · 1888
- Hare v. Connecticut Mutual Life Ins. Co. of HartfordWest Virginia Supreme Court · 1934
- Joseph Melnick Building & Loan Ass'n v. MelnickSupreme Court of Pennsylvania · 1935
- Greiner v. Brubaker, Admrx.Superior Court of Pennsylvania · 1942
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