Mapes v. Second National Bank
Supreme Court of Pennsylvania
Error to tbe Court of Common Pleas of Crawford county: Of October and November Term 1874, No. 233. This was an action of assumpsit brought May 21st 1874, by the Second National Bank of Titusville against George E. Mapes and T. T. Mapes," partners as Mapes Brothers.
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Error to tbe Court of Common Pleas of Crawford county: Of October and November Term 1874, No. 233. This was an action of assumpsit brought May 21st 1874, by the Second National Bank of Titusville against George E. Mapes and T. T. Mapes," partners as Mapes Brothers. The cause of action was the following notes, which had been discounted and were held by the plaintiffs; the notes were discounted for Garfield’s accommodation :— “ $1200. Titusville, Pa., 12-19-1872. Four months after date, for value received, I promise to pay to Messrs. Mapes Bros., or order, twelve hundred dollars, at the Second…
1Opinion of the Court
Judgment was entered in the Supreme Court,
2Per curiam
As to the first point raised, by the affidavit of defence, that the contract sued'on was illegal because it was a loan to Garfield in excess of ten per cent, of the entire capital of the bank already loaned to him, it has been decided recently by this court adversely to the plaintiffs in error, in the case of O’Hare v. The Second National Bank, to be reported in 27 P. F. Smith 96.
*165As to the second point, the alleged fraudulent representation of the cashier and one of the directors of the bank,' the affidavit is clearly insufficient. All that is alleged…
3Cited by5 opinions
- Hindman v. First Nat. Bank of LouisvilleCourt of Appeals for the Sixth Circuit · 1902
- Crawford v. Boston Store Mercantile Co.Missouri Court of Appeals · 1896
- Haymans v. BennettCourt of Appeals of Georgia · 1922
- Allen v. First N. BankSupreme Court of Pennsylvania · 1889
- Citizens' Trust & Savings Bank v. FalliganCourt of Appeals for the Ninth Circuit · 1925