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Pennsylvania State Reports Containing Cases Decided by the Supreme Court of Pennsylvania Volume 101

Pennsylvania State Reports Containing Cases Decided by the Supreme Court of Pennsylvania Volume 101


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This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1884 Excerpt: ... Gibson v. Lenhart. were evidence against the defendant but inadmissible in its favor nor were they part of the res gestae. The bank in the present suitis estopped by its certificate of deposit from denying the plaintiff's title. 'Beringer is not. He may maintain his own title in another suit but the bank cannot shelter itself under his title: "Wells on Replevin 693, 696; King v. Richards, 6 Wharton 427. John J. Henderson, for the defendant in error.--In an action of replevin the plaintiff must show property either absolute or special in himself. Evidence that another owns the property or has a right superior to the plaintiff will defeat his action: Seibert v. McHenry, 6 W. 303; Quincy v. Hall, 1 Pick. 360. The plaintiff parted with his money before any deposit was made, upon the simple promise of Thorp that he would deposit collateral security. A pledgee of negotiable instruments as collateral security for a pre-existing debt is not a bona fide holder for value: Depeau v. Waddington, 6 Wh. 232; Kirkpatrick v. Mnirhead, 16 Pa. St. 123. The delivery to him of the identical bonds in controversy was in no way the inducement to him to make the loan. The most that plaintiff can claim is that he expected some bonds to be deposited. Neither did Thorp intend to deposit these bonds, for they were at that time out of his possession and control. The evidence of the declarations of the president of the bank were not considered by the court. Whether it was competent or not it did the plaintiff no harm. Mr. Justice Stebeett delivered the opinion of the court, December 30th 1882. It may be conceded that in 1877 the bonds in controversy were deposited in the First National Bank of Meadville, to secure the note of Thorp and Reynolds in favor of Beringer, and th...


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Product Details
  • ISBN-13: 9781235857485
  • Publisher: General Books
  • Publisher Imprint: General Books
  • Height: 246 mm
  • No of Pages: 314
  • Spine Width: 17 mm
  • Width: 189 mm
  • ISBN-10: 1235857484
  • Publisher Date: 01 Feb 2012
  • Binding: Paperback
  • Language: English
  • Returnable: N
  • Weight: 562 gr


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