CRAMOND v. BANK OF U S, 4 U.S. 291 (1803)
Syllabus
U.S. Supreme Court
CRAMOND v. BANK OF U S, 4 U.S. 291 (1803)4 U.S. 291 (Dall.)
Crammond et al. Executors of
Cay,
v.
The Bank of the United States.
Supreme Court of Pennsylvania.
December Term, 1803
THE following case was stated for the opinion of the Court:
'On the nineteenth day of August
1793, David Cay and Andrew Clow, who then carried on business under
the firm of Andrew Clow and company, indorsed a note drawn by Henry
Darroch, bearing that date, for the sum of eight hundred and
fifty-two dollars and eighty-two cents; which note was discounted
by the president, directors and company of the bank of the United
States, defendants in this action, and the amount paid to the
indorsors.
'Before the note became due the
drawer, and both the indorsors, died of the yellow fever; and
notice of non-payment was duly given to the executors of the
surviving partner David Cay.
'On the eleventh of April 1793,
Andrew Clow and David Cay laid a foreign attachment on the property
of a certain James Brown in the hands of the defendants. Judgment
was obtained in December term 1793, in the names of the present
plaintiffs, as executors of David Cay, the surviving co-partner.
[291-Continued.]
'A writ of inquiry has been issued
and the sum of twenty five thousand five hundred and forty-three
pounds, two shillings and three pence has been found due to the
plaintiffs; judgment was thereupon entered in the usual form. A
scire facias issued against the defendants as garnishees, in which,
after the general proceedings stated on the record, there was a
trial, on the 10th September 1801, when the jury found for the
plaintiffs 3354 dollars; and on the same day, judgment nisi was
entered.
'The defendants as garnishees of
James Brown are in possession of thirteen shares of bank stock, and
of the dividends thereon arising and accruing, since the first day
of July 1801, which are subject to this attachment. And they have
received payment of two hundred and eighty-four dollars, and
twenty-seven cents, being a dividend of the estate of Henry
Darroch, the drawer of the said note.
'The question for the opinion of the
court is whether the defendants in this action, are entitled to set
off against the demands of the plaintiffs in this action, the sum
of $568 55/100 being the balance of the note unpaid?
After argument, by E. Tilghman and Ingersoll, for the plaintiffs; and by Lewis and Rawle for the defendants,
THE COURT.
The COURT (absente SHIPPEN, C. J.) decided that the set-off was
inadmissible.
Opinions
v.
The Bank of the United States. Supreme Court of Pennsylvania. December Term, 1803 THE following case was stated for the opinion of the Court:
U.S. Supreme Court
CRAMOND v. BANK OF U S, 4 U.S. 291 (1803) 4 U.S. 291 (Dall.) Crammond et al. Executors of Cay,v.
The Bank of the United States. Supreme Court of Pennsylvania. December Term, 1803 THE following case was stated for the opinion of the Court:
'On the nineteenth day of August
1793, David Cay and Andrew Clow, who then carried on business under
the firm of Andrew Clow and company, indorsed a note drawn by Henry
Darroch, bearing that date, for the sum of eight hundred and
fifty-two dollars and eighty-two cents; which note was discounted
by the president, directors and company of the bank of the United
States, defendants in this action, and the amount paid to the
indorsors.
'Before the note became due the
drawer, and both the indorsors, died of the yellow fever; and
notice of non-payment was duly given to the executors of the
surviving partner David Cay.
'On the eleventh of April 1793,
Andrew Clow and David Cay laid a foreign attachment on the property
of a certain James Brown in the hands of the defendants. Judgment
was obtained in December term 1793, in the names of the present
plaintiffs, as executors of David Cay, the surviving co-partner.
[291-Continued.]
'A writ of inquiry has been issued
and the sum of twenty five thousand five hundred and forty-three
pounds, two shillings and three pence has been found due to the
plaintiffs; judgment was thereupon entered in the usual form. A
scire facias issued against the defendants as garnishees, in which,
after the general proceedings stated on the record, there was a
trial, on the 10th September 1801, when the jury found for the
plaintiffs 3354 dollars; and on the same day, judgment nisi was
entered.
'The defendants as garnishees of
James Brown are in possession of thirteen shares of bank stock, and
of the dividends thereon arising and accruing, since the first day
of July 1801, which are subject to this attachment. And they have
received payment of two hundred and eighty-four dollars, and
twenty-seven cents, being a dividend of the estate of Henry
Darroch, the drawer of the said note.
'The question for the opinion of the
court is whether the defendants in this action, are entitled to set
off against the demands of the plaintiffs in this action, the sum
of $568 55/100 being the balance of the note unpaid?
After argument, by E. Tilghman and Ingersoll, for the
plaintiffs; and by Lewis and Rawle for the defendants,
THE COURT.
The COURT (absente SHIPPEN, C. J.) decided that the set-off was
inadmissible.
Search This Case
