Legal Opinion

Kensington Bank v. Patton

Supreme Court of Pennsylvania

Decided December 15, 1850PublishedCited by 7 opinions

Error to the District Court of Philadelphia. This was a suit brought by the Kensington Bank against Robert Patton. On the 11th January, A. d. 1841, the defendant made his promissory note for $100, payable at ninety days, to the order of John Telford, who endorsed it to the plaintiff; the note was payable on the 14th day of April, 1841; and on the 28th day of April, 1847, or six years and seventeen days after the right of action commenceu the suit was brought.

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Error to the District Court of Philadelphia. This was a suit brought by the Kensington Bank against Robert Patton. On the 11th January, A. d. 1841, the defendant made his promissory note for $100, payable at ninety days, to the order of John Telford, who endorsed it to the plaintiff; the note was payable on the 14th day of April, 1841; and on the 28th day of April, 1847, or six years and seventeen days after the right of action commenceu the suit was brought. At first the plaintiff, declared in the common form against the defendant as maker of the note, and also upon the common counts: to…

1Opinion of the Court

The opinion of the court was delivered by

Rogers, J.

— Was this a case to be tested exclusively by the earlier decisions, sufficient appears in the evidence to take it out of the operation of the act of limitations. This is conceded; but the later cases have adopted more stringent rules, and have nearly restored the construction of the act to what it ought originally to have been. Being a statute of repose, it deserved encouragement, a benign interpretation, instead of rebuke, censure, and discountenance, carried to such an extent as almost to amount to a repeal of the act itself. Nor do I…

2Cases cited2 opinions

  1. Berghaus v. CalhounSupreme Court of Pennsylvania · 1837
  2. Allison v. JamesSupreme Court of Pennsylvania · 1840

3Cited by7 opinions

  1. Shaffer's EstateSupreme Court of Pennsylvania · 1910
  2. Keener v. Zartman, Pennsylvania Court of Common Pleas, Lancaster County1891
  3. Hazlett v. StillwagenSuperior Court of Pennsylvania · 1903
  4. Fix's EstateSuperior Court of Pennsylvania · 1940
  5. Patterson v. NeuerSupreme Court of Pennsylvania · 1895

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