Howard v. Turner
Supreme Court of Pennsylvania
Appeal, No. 176, July T., 1892, by plaintiff, J. E. Howard, receiver of the Newton National Bank, from judgment of C. P. Chester Co., Aug. T., 1891, No. 51, on verdict for defendant, John H. Turner. Assumpsit on promissory note given for subscription to stock of bank. The facts as they appeared before Waddell, P. J., are stated in the opinion of the Supreme Court.
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Appeal, No. 176, July T., 1892, by plaintiff, J. E. Howard, receiver of the Newton National Bank, from judgment of C. P. Chester Co., Aug. T., 1891, No. 51, on verdict for defendant, John H. Turner. Assumpsit on promissory note given for subscription to stock of bank. The facts as they appeared before Waddell, P. J., are stated in the opinion of the Supreme Court. Plaintiff’s points were among others as follows: “2. The defendant cannot allege by way of defence to this suit that the subscription for stock in the bank, for which his note was given, was induced by fraudulent representations,…
1Opinion of the Court
Opinion by
Mb. Chief Justice Sterrett,
This suit is on a note admitted to have been made and delivered by defendant to the Newton National Bank in part renewal of his note for $990 at ninety days from August 9, 1890, with interest, etc. The consideration of this last mentioned note was nine shares of the increased capital stock of said bank taken by defendant in the name of his wife, Louisa E. Turner, under the following circumstances: In April, 1890, ■the bank—located and doing business at Newton, Kansas,— decided to increase its capital from $100,000 to $200,000, and for that purpose…
2Cases cited4 opinions
- Leaming v. WiseSupreme Court of Pennsylvania · 1873
- Pearsoll v. ChapinSupreme Court of Pennsylvania · 1863
- Shisler v. VandikeSupreme Court of Pennsylvania · 1880
- Babcock v. CaseSupreme Court of Pennsylvania · 1870
3Cited by20 opinions
- Kinter v. Commonwealth Trust Co.Supreme Court of Pennsylvania · 1922
- Newton Nat. Bank v. NewbeginCourt of Appeals for the Eighth Circuit · 1896
- Austen v. MarzolfSupreme Court of Pennsylvania · 1928
- Capital City Mutual Fire Insurance ex rel. Kramer v. BoggsSupreme Court of Pennsylvania · 1895
- Muehlhof v. BoltzSupreme Court of Pennsylvania · 1906
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