Union National Bank v. Cannonsburgh Iron Co.
Supreme Court of Pennsylvania
Error to the Common Pleas, No. 1, of Allegheny County to review a judgment for plaintiff. The facts appear by the case of Oannonsbnrgh v. Union Nat. Bank, ante, 46. The assignments of error appear by the opinion of the court set forth in that case. — Set-off is inadmissible, unless it be between the same parties. Carman v. Garrison, 13 Pa. 158; Milliken v. Gai’dner, 37 Pa. 456; Scott v. Eritz, 51 Pa. 418; 2 Smith, Lead.
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Error to the Common Pleas, No. 1, of Allegheny County to review a judgment for plaintiff. The facts appear by the case of Oannonsbnrgh v. Union Nat. Bank, ante, 46. The assignments of error appear by the opinion of the court set forth in that case. — Set-off is inadmissible, unless it be between the same parties. Carman v. Garrison, 13 Pa. 158; Milliken v. Gai’dner, 37 Pa. 456; Scott v. Eritz, 51 Pa. 418; 2 Smith, Lead. Cas. *320. In case of the insolvency of the borrower before actual payment of the money by the lender, an equitable right, analogous to that of stoppage in transitu, may be…
1Opinion of the Court
Opinion by
Mr. Chief Justice Mercur:
This judgment was entered on a case stated. In an opinion just filed on a writ of error taken by the defendant, we held it had no cause to complain of the judgment. The complaint now to be considered is whether the judgment was not entered in favor of the plaintiff, for a less sum than it is entitled to under the admitted facts.
Conceding that the check given to plaintiff in error, on the Penn Bank, did not operate as a payment of the note held by the plaintiff against the defendant, yet the latter contends that it is entitled to a set-off for the sum of…
2Cases cited5 opinions
- Gunnis, Barritt & Co. v. CluffSupreme Court of Pennsylvania · 1886
- Dougherty Bros. & Co. v. Central National BankSupreme Court of Pennsylvania · 1880
- Milliken & Co. v. GardnerSupreme Court of Pennsylvania · 1861
- Potter v. BurdSupreme Court of Pennsylvania · 1835
- Scott v. FritzSupreme Court of Pennsylvania · 1866
3Cited by2 opinions
- Hayes v. HaymanSupreme Court of Louisiana · 1868
- McCloskey v. North Penn BankSupreme Court of Pennsylvania · 1921