Oyster v. Short
Oyster v. Short
Opinion of the Court
Opinion by
We agree entirely with the learned court below in the disposition of this case. It is perfectly clear that so far as the rediscounted notes which were paid at maturity by the makers
The cases of Graff & Co.’s Est., 139 Pa. 69; Jamison’s Est., 163 Pa. 143; Appeal of Jordan & Porter, 107 Pa. 75, cited by appellant, have no application as they do not raise the present question, but only questions between persons who were actual creditors having different rights. In Dean & Son’s Appeal, 98 Pa. 101, the doctrine of Miller’s Appeal was applied to cases in which receivers were appointed for insolvent corporations. We there held that the rights of creditors of an insolvent corporation become fixed by a decree of the court ordering the dis
As we understand the contentions of the parties, the foregoing ruling disposes of the only real controversy now left. Upon the notes rediscounted after the indorsement by the Ridg-Avay Bank, and which, falling due after the receivers were appointed, were either not paid at all, or only partially paid, dividends have been allowed so far as payments were not made. This we regard as correct. The assignments of error are all dismissed.
Decree affirmed and appeal dismissed at the cost of tifie appellant.
Reference
- Full Case Name
- D. C. Oyster v. Alfred Short and C. R. Earley. Appeal of The American Exchange National Bank
- Status
- Published
- Syllabus
- Banks and banking — Promissory notes — Discount—Deceivers. Where a bank discounts notes, and subsequently has the same notes discounted by another bank, the indorsement oí the first bank is a mere contingent liability which can never become absolute if the notes are paid at maturity by the makers, and the second bank has no right to include such notes with other unpaid notes, and claim from the receivers of the first bank a dividend upon the whole amount. The second bank, however, is entitled to a dividend upon rediscounted notes falling due after the receivers were appointed, which were either not paid at all, or only partially paid.