John McLean

“ All discounts are made under the authority of the directors, and it is for them to fix any conditions which may be proper in loaning money. If, therefore, the evidence were clear of other legal objections, it could not have the effect to release the defendant from liability. The assurances relied on, if made, were not made by persons authorised to make them. The bank is not bound by them; nor would it be bound it the assurances had been made in so specific and direct a manner as to create a personal responsibility on the part of the cashier and president. ”

“ In Pennsylvania there is no court of chancery, and it is known that the courts in that state admit parol proof to affect written contracts, to a greater extent than is sanctioned in the states where a chancery jurisdiction is exercised. The rule has been differently settled in this court.
The note in question was first indorsed by the defendant to Carr, and by him negotiated with the bank. ”

“ The defendant then offered as a witness Overton Carr, an indorser of said note, who testified, that before he indorsed the same, he had a conversation with John Scott, the maker, and was informed by him, that certain bank stock had been pledged, or was to be pledged, by Roger C. Weightman, as security for the ultimate payment of the said note, and that there would be no risk in indorsing it. That the witness then went into the room of the cashier of the plaintiffs' office of discount and deposit at Washington, and found there the said cashier, and Thomas Swann the president of the said office ”