Cannonsburgh Iron Co. v. Union National Bank
Supreme Court of Pennsylvania
In error to Common Pleas, No. 1, Allegheny County to review a judgment for plaintiff. Amicable action of trespass on the case, and case stated, in which the following facts were agreed upon: On May 24, 1884, the defendant was indebted to the plaintiff in the sum of $2,237.67, for which the plaintiff held the promissory note of the defendant, which that day matured and became payable.
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In error to Common Pleas, No. 1, Allegheny County to review a judgment for plaintiff. Amicable action of trespass on the case, and case stated, in which the following facts were agreed upon: On May 24, 1884, the defendant was indebted to the plaintiff in the sum of $2,237.67, for which the plaintiff held the promissory note of the defendant, which that day matured and became payable. On the same day the defendant had on deposit to its credit, with the Penn Bank, a corporation carrying on the business of banking in the city of Pittsburgh, the sum of $3,115.02, subject to check, no part of…
1Opinion of the Court
Opinion by
Mr. Chief Justice Mercur:
We concur in opinion with the learned judge, that the receipt by the defendant in error, of the cashier’s check on the Penn Bank, and the cotemporaneous delivery of the note to the maker thereof, was a conditional payment, only, of the note.
The check was taken for a pre-existing debt. The case stated does not aver any agreement that it was to be accepted as an absolute payment. The burden of proof was on the maker of the note to overthrow the presumption that the check was taken as a conditional payment. It was of no higher character than the note, and it…
2Cases cited3 opinions
- Berks County v. PileSupreme Court of Pennsylvania · 1852
- Brown v. ScottSupreme Court of Pennsylvania · 1865
- League v. Waring & Co.Supreme Court of Pennsylvania · 1877
3Cited by1 opinion
- S. A. Gerrard Co. v. Tradesmen's National Bank & Trust Co.Supreme Court of Pennsylvania · 1935