Irvine v. Lumbermen's Bank
Supreme Court of Pennsylvania
ERROR to the Special Court of Warren county. The Lumbermen’s Bank at Warren against Guy C. Irvine, N. A. Lowry, Elial T. Foote, and Fidelio W. Brigham.
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ERROR to the Special Court of Warren county. The Lumbermen’s Bank at Warren against Guy C. Irvine, N. A. Lowry, Elial T. Foote, and Fidelio W. Brigham. This was an action of assumpsit, in which the plaintiff filed a statement upon the following note: “ Warren, Pa., Sept. 18, 1837. “ $18,365. “ Being jointly interested, we promise to pay to the order of the Lumbermen’s Bank at Warren, in the office notes of said Bank, $18,365, payable at their banking-house in Warren in three months. “ Gtjy C. Irvine, N. A. Lowry, E. T. Foote, F. W. Brigham.” Upon the trial of the cause, the defendants offered…
1Opinion of the Court
The opinion of the Court was delivered by
Rogers, J.
This is an action of assumpsit', to recover the amount due on a note. The defendants pleaded non assumpsit, and payment with leave, &c. On the trial, they offered three special pleas in bar, stating in substance that the debt, on which suit is brought, was attached by process issued out of the courts of the state of New York since the commencement of the suit, to secure the payment of several sums of money, therein mentioned, owing by the Lumbermen’s Bank to citizens of said state. These pleas were rejected by the court.
The plaintiff, after…
2Cases cited3 opinions
- Toland v. TichenorSupreme Court of Pennsylvania · 1832
- Riddle v. StevensSupreme Court of Pennsylvania · 1816
- Witmer v. SchlatterSupreme Court of Pennsylvania · 1827
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- Western Pennsylvania Railroad Company's AppealSupreme Court of Pennsylvania · 1883
- Cleveland & Pittsburg Railroad v. SpeerSupreme Court of Pennsylvania · 1868
- Philadelphia & Erie Railroad v. Catawissa RailroadSupreme Court of Pennsylvania · 1866
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