Jackson v. Polack

Philadelphia County Court of Common Pleas

Jackson v. Polack

2 Miles 362

CourtPennsylvania Court of Common Pleas, Philadelphia County

DecidedJanuary 11, 1840

StatusPublished

Cited by1 cases

This text of 2 Miles 362 (Jackson v. Polack) is published on Counsel Stack Legal Research, covering Pennsylvania Court of Common Pleas, Philadelphia County primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Jackson v. Polack, 2 Miles 362 (Pa. Super. Ct. 1840).

Pincite

Opinion

Per Curiam.—

The affidavit of defence discloses that there was a failure of the consideration of the note as between the maker and the payee, and that the endorsee took it from the latter as a collateral security for an antecedent debt due to him from the payee. It was in no manner to be in satisfaction of the original debt till -paid. The endorsee does not then stand, in legal con[365]*365templation, as a bona fide holder, for a valuable consideration, so as to be freed from the equities between the maker and the payee. See 4 Whart. 258.

Rule discharged.

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Per Curiam.—

The affidavit of defence discloses that there was a failure of the consideration of the note as between the maker and the payee, and that the endorsee took it from the latter as a collateral security for an antecedent debt due to him from the payee. It was in no manner to be in satisfaction of the original debt till -paid. The endorsee does not then stand, in legal con[365]*365templation, as a bona fide holder, for a valuable consideration, so as to be freed from the equities between the maker and the payee. See 4 Whart. 258.

Rule discharged.

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Bluebook (online)

2 Miles 362, Counsel Stack Legal Research, https://law.counselstack.com/opinion/jackson-v-polack-pactcomplphilad-1840.

Opinion

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