Stephens v. Monongahela National Bank
Supreme Court of Pennsylvania
Error to the Court of Common Pléas of Greene county: Of October and November Term 1876, No. 110. This was an action on a promissory note. The jury found a special verdict, finding the facts as follows: That the defendant gave a note to the plaintiff, dated October 10th 1874, .calling for $10,575, payable twenty-five days afterdate. ■That $75 was charged as the interest on $10,500, from its date to maturity of said note and put in the note.
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Error to the Court of Common Pléas of Greene county: Of October and November Term 1876, No. 110. This was an action on a promissory note. The jury found a special verdict, finding the facts as follows: That the defendant gave a note to the plaintiff, dated October 10th 1874, .calling for $10,575, payable twenty-five days afterdate. ■That $75 was charged as the interest on $10,500, from its date to maturity of said note and put in the note. That for excessive interest over six per cent, on all the transactions that Israel Stephens had with the plaintiff from April 7th 1870, there was charged…
1Opinion of the CourtJustice Trunkey
The maker of a negotiable note undertakes to pay it, according to its tenor, to any holder to whom it may be due. An accommodation maker is equally liable, except to the payee. In respect to thir,d persons the law considers him just in the character he has *163assumed, and will not permit him to allege that the paper to which ho gave his name w'as an imposition, nor to gainsay its reality by proof that it wras a fiction. It shall be taken pro vertíate that he was the drawer, for da vertíate that was the very thing he was intended to be: Bank of Montgomery County v. Walker, 9 S. & R. 229. “ We…
2Cases cited1 opinion
- Beebe v. West Branch BankSupreme Court of Pennsylvania · 1844
3Cited by10 opinions
- Weiner v. Bank of King of PrussiaDistrict Court, E.D. Pennsylvania · 1973
- Gimbel Bros. Inc. v. HandSuperior Court of Pennsylvania · 1930
- Clearfield National Bank v. Madera National BankSuperior Court of Pennsylvania · 1925
- Owens v. National Bank of John A. BlackCourt of Appeals of Kentucky (pre-1976) · 1933
- Griesmere v. ThornSuperior Court of Pennsylvania · 1906
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