Hey v. Frazier
Citations
- 1 Monag. 759
- 4 Walk. 322
- 1885 Pa. LEXIS 600
Syllabus
<p>An offer of evidence which contains substantial averments not contained in the notice of special matter, is inadmissible.</p> <p>In an action on a promissory note, where the defendant seeks to overthrow the presumption that the plaintiff obtained it in good faith and in the regular course of business before maturity, he must give the plaintiff distinct notice to show title, and it seems that it is not sufficient to give notice of want of consideration or that the note was negotiated contrary to the agreement of the parties to the note.</p> <p>It seems that the defendant, in addition to showing that the note was negotiated contrary to the agreement of the parties, to complete his ■defense, must also prove that the plaintiff was not a bona fide holder for value, or that there was fraud in its execution, or that the plaintiff received it from a finder or a thief or from one who acquired it fraudulently.</p>
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- recognizing tort of aiding and abetting breach of fiduciary duty
- bank not liable for improper transfer of funds, where it neither knew of breach nor had knowledge of such facts that it could not reasonably be held to have acted in good faith 56
- “A bank, acting in good faith, that merely credits funds it knows are trust funds to the personal account of the trustee is not liable if the trustee subsequently misappropriates these funds.”
- “one who participates in the breach of trust by a fiduciary is responsible for the damages resulting to the trust if he knew that the fiduciary was committing such a breach or if he had knowledge of such facts that he could not reasonably be held to have acted in good faith”
Source: CourtListener parenthetical corpus (CC0).
Sourced from CourtListener / Free Law Project (CC0).
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