Rider v. Johnson
Supreme Court of Pennsylvania
Error to the Common Pleas of Eayette county. This was an action originally brought before a justice of the peace, in the name of A. C. Johnson, for the use of R. H. Johnson, v. George Rider. It was brought upon a promissory note, under seal, by Rider to A. C. Johnson, and by the latter assigned to his son R. H. Johnson. The note was dated 3d May, 1843, was for $72, and was payable on 1st January, 1844. On 5th May, 1843, it was transferred to R. H. Johnson.
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Error to the Common Pleas of Eayette county. This was an action originally brought before a justice of the peace, in the name of A. C. Johnson, for the use of R. H. Johnson, v. George Rider. It was brought upon a promissory note, under seal, by Rider to A. C. Johnson, and by the latter assigned to his son R. H. Johnson. The note was dated 3d May, 1843, was for $72, and was payable on 1st January, 1844. On 5th May, 1843, it was transferred to R. H. Johnson. The justice rendered judgment for the plaintiff, and an appeal was entered. The plea was payment, and payment with leave, and set-off. On…
1Opinion of the Court
The opinion of the Court, filed was delivered by
Lewis, J.
The assignee of a chose in action, not negotiable, takes it subject to all the defences to which it was subject in the hands of the assignor. The defence', founded upon the set-off of cross-demands, is a right secured by statute, and, under the law as administered in Pennsylvania, exists as well where the defendant is only the equitable owner of the cross-demand as where he has both the legal and equitable title to it. Where a right exists, all the means necessary to its enjoyment go with it as a necessary incident. If it might be…
2Cases cited1 opinion
- Hinkley v. WaltersSupreme Court of Pennsylvania · 1839
3Cited by14 opinions
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- Northwestern National Bank v. CommonwealthSupreme Court of Pennsylvania · 1942
- First N. Bk. of Bangor v. Bangor Tr. Co.Supreme Court of Pennsylvania · 1929
- Peoples Pittsburgh Trust Co. v. CommonwealthSupreme Court of Pennsylvania · 1948
- Walker v. EmerichSupreme Court of Pennsylvania · 1930
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