Mellon National Bank v. People's Bank
Supreme Court of Pennsylvania
Appeal, No. 105, Oct. T., 1909, by defendant, from judgment of C. P. Washington Co., May T., 1909, No. 25, on verdict for plaintiff in case of Mellon National Bank of Pittsburg v. People’s Bank of California. Assumpsit to recover the amount of three checks included in an account stated. Before Taylor, J. The opinion of the Supreme Court states the case. Verdict and judgment for plaintiff for $6,262.91. Defendant appealed.
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Appeal, No. 105, Oct. T., 1909, by defendant, from judgment of C. P. Washington Co., May T., 1909, No. 25, on verdict for plaintiff in case of Mellon National Bank of Pittsburg v. People’s Bank of California. Assumpsit to recover the amount of three checks included in an account stated. Before Taylor, J. The opinion of the Supreme Court states the case. Verdict and judgment for plaintiff for $6,262.91. Defendant appealed. Errors assigned were in giving binding instructions for plaintiff and in overruling motion for judgment for defendant non obstante veredicto.
1Opinion of the Court
Opinion by
Mr. Justice Stewart,
If this were an appeal from a judgment for want of a sufficient affidavit of defense, the questions discussed upon the argument and upon which the case was supposed to turn, would be for our consideration; but it is an appeal from the refusal of the court to enter a judgment non obstante; and therefore brings before us nothing but the sufficiency of plaintiff’s case, as established on the trial, to justify the verdict which the jury rendered under binding instructions. The *263plaintiff submitted its case on the statement of claim filed and the affidavit of defense,…
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