Wayne v. Commercial National Bank
Supreme Court of Pennsylvania
Certiricates from Nisi Prius. These cases were three actions by The Commercial National Bank of Pennsylvania, one against Edwin it. Cope, one against Edward C. Wayne, and the third against Hiram Miller.
Read the full summary
Certiricates from Nisi Prius. These cases were three actions by The Commercial National Bank of Pennsylvania, one against Edwin it. Cope, one against Edward C. Wayne, and the third against Hiram Miller. They were on a several bond to the bank, dated February 1st 1865, in which Charles E. Clark was bound as principal in $15,000, and the defendants as his sureties in $5000 each, conditioned that Clark would perform all his duties and fulfil all his trusts as paying teller of the bank. The declaration alleged as breach of the condition, that the said Clark, on the 1st day of May 1865, failed to…
1Opinion of the Court
*349The opinion of the court was delivered, October 17th 1866, by
Thompson, J.
The numerous assignments of error in this case are so classified by the counsel for the plaintiffs in error as to present three propositions:
1. Was there any liability upon the bond of the defendant, or was the defendant exonerated by reason of the previous acts and omissions of the plaintiffs below ?
2. If such acts did not exonerate the defendant, was the condition of the bond broken by issuing the due-bills, and was such breach assigned ?
3. If it was so broken, then did the discontinuance of the bank suit against…
2Cited by7 opinions
- Park Paving Co. v. KraftSupreme Court of Pennsylvania · 1918
- Sherman v. HarbinSupreme Court of Iowa · 1904
- Lauer Brewing Co. v. RileySupreme Court of Pennsylvania · 1900
- Delafant v. ShapiroSuperior Court of Pennsylvania · 1919
- Commonwealth v. JimisonSupreme Court of Pennsylvania · 1903
2 more not listed; retrieve them via the Exa API.