Bank of Mifflintown v. Bank of New Kensington

Citations

• 247 Pa. 40
• 92 A. 1076
• 1915 Pa. LEXIS 779

Syllabus

<p>Banks and banking — National banks — Ultra vires acts — Practice, C. P. — Statements of claim — Amendments—New cause of action — Statute of limitations.</p> <p>1. As the charter of a national bank does not authorize it to deal in bills of lading, but-does authorize it to purchase drafts, an amendment to the statement of claim, in an action to recover a profit guaranteed by a national bank, on transactions involving the purchase and sale of bills of lading with plaintiff’s funds so as to aver a contract for the purchase of “sight drafts with bills of lading for grain attached thereto” would have introduced a new cause of action, and was properly disallowed after the statute of limitations had run against the entire claim.</p> <p>Practice, Supreme Court — Appeals—Assignments of error — Defective assignments — Binding, instructions.</p> <p>2. Failure of a litigant to take exception to binding instructions will be regarded as a waiver, also, of prior objections or exceptions, which in view of the ultimate disposition of the case have become unimportant, and such matters cannot be brought before the Supreme Court, by including them in a motion for a new trial, and assigning as error the refusal of the motion.</p>