Legal Opinion

Burgettstown National Bank v. Nill

Supreme Court of Pennsylvania

Decided January 2, 1906No. Appeal, No. 124PublishedCited by 6 opinions

Appeal, No. 124, Oct. T., 1905, by defendant, from order of C. P. No. 2, Allegheny Co., April T., 1905, No. 132, making absolute rule for judgment for want of a sufficient affidavit of defense in case of Burgettstown National Bank v. Jacob P. Nill. Assumpsit on a promissory note. Before Young, J. Rule for judgment for want of a sufficient affidavit of defense. The facts are stated in the opinion of the Supreme Court.

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Appeal, No. 124, Oct. T., 1905, by defendant, from order of C. P. No. 2, Allegheny Co., April T., 1905, No. 132, making absolute rule for judgment for want of a sufficient affidavit of defense in case of Burgettstown National Bank v. Jacob P. Nill. Assumpsit on a promissory note. Before Young, J. Rule for judgment for want of a sufficient affidavit of defense. The facts are stated in the opinion of the Supreme Court. Error assigned was order making absolute rule for judgment for want of a sufficient affidavit of defense.

1Opinion of the Court

Opinion by

Mr. Justice Mestrezat,

Jacob P. Nill, the defendant, became an accommodation indorser on a promissory note, dated July 1, 1902, for $5,000 which was signed by Homer H. Swaney as maker and was payable to Nill’s order at the Burgettstown National Bank. The note recited that the maker had deposited therewith as collateral security to the holder, six one thousand dollar bonds of the Pacific Steel Company of the market value of $6,000, with the right, on certain contingencies, in the holder of the note to call for additional security and to sell the security without notice on failure of…

2Cases cited11 opinions

  1. Tebbetts & Pearce v. DowdNew York Supreme Court · 1840
  2. Barclay v. WeaverSupreme Court of Pennsylvania · 1852
  3. Annville National Bank v. KetteringSupreme Court of Pennsylvania · 1884
  4. Lane v. StewardSupreme Judicial Court of Maine · 1841
  5. Hughes v. BowenSupreme Court of Iowa · 1863

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3Cited by6 opinions

  1. Thompson v. CurryWest Virginia Supreme Court · 1917
  2. County Savings Bank v. JacobsonSupreme Court of Iowa · 1927
  3. Strickler's EstateSupreme Court of Pennsylvania · 1937
  4. First Nat. Bk. of Granville v. DeloneSupreme Court of Pennsylvania · 1933
  5. Cowles v. MatthewsWashington Supreme Court · 1934

1 more not listed; retrieve them via the Exa API.

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