Wheeler v. Hughes
Supreme Court of the United States
John Hughes, the 16th of February 1763, gave his bond to John Bayn-ton, conditioned for the payment of one thousand pounds. On the 3d September 1764, John Baynton and Samuel Wharton became bound, jointly and severally, to John-Hughes, in a bond conditioned for the payment of six hundred and eight pounds, fifteen shillings.
Read the full summary
John Hughes, the 16th of February 1763, gave his bond to John Bayn-ton, conditioned for the payment of one thousand pounds. On the 3d September 1764, John Baynton and Samuel Wharton became bound, jointly and severally, to John-Hughes, in a bond conditioned for the payment of six hundred and eight pounds, fifteen shillings. On the 8th of May 1765, John Baynton assigned the one thousand pound bond to the plaintiff, Ann Wheeler, for a just debt, she being ignorant of any dealing between Hughes and Bayn-ton. This action was brought on the assigned bond ; the defendant pleaded payment, and offered…
1Opinion of the Court
The court took time, till the 25th April, to consider, and this day gave judgment.
*Chew, Chief Justice.
The question in this case is, whether Hughes can have the same defalcation against Wheeler, which he could have had against Baynton, if this bond had not been assigned ?
It was contended for the plaintiff, that bonds were negotiable, as inland bills of exchange. It was also contended, that defalcation, by the act, is only where there are dealings between the parties. For the defendant, it was contended, that the act does not make them negotiable, as bills and notes are by the statute of 3 & 4…
2Cases cited3 opinions
- Inglis, for the Use of Reede v. Inglis's ExecutorsSupreme Court of the United States · 1790
- Carnes ex rel. Olden v. FieldSupreme Court of Pennsylvania · 1800
- Solomon v. KimmelSupreme Court of Pennsylvania · 1812
3Cited by11 opinions
- Tunno v. RobertSupreme Court of Florida · 1878
- Horstman v. GerkerSupreme Court of Pennsylvania · 1865
- Northampton Bank v. BallietSupreme Court of Pennsylvania · 1844
- M'Mullen ex rel. Rudy v. WennerSupreme Court of Pennsylvania · 1827
- Bury v. HartmanSupreme Court of Pennsylvania · 1818
6 more not listed; retrieve them via the Exa API.