Legal Opinion

Rank v. Rank

Supreme Court of Pennsylvania

Decided April 30, 1888No. 350PublishedCited by 5 opinions

ERROR TO THE COURT OE COMMON PLEAS OE MONTOUR COUNTY. No. 350 January. Term 1887, Sup. Ct.; court below, No. 35 February Term 1885, C. P. On January 9, 1885, assumpsit was brought by Kate E. Rank against Daniel W. Rank, to recover upon certain notes made by the defendant to the plaintiff, and upon a book account.

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ERROR TO THE COURT OE COMMON PLEAS OE MONTOUR COUNTY. No. 350 January. Term 1887, Sup. Ct.; court below, No. 35 February Term 1885, C. P. On January 9, 1885, assumpsit was brought by Kate E. Rank against Daniel W. Rank, to recover upon certain notes made by the defendant to the plaintiff, and upon a book account. At the trial on December 23, 1886, before Sittser, P. J. 44th district, holding special term, the plaintiff having closed her case with proof of a note dated September 27,1880, for $100, made by the defendant, upon which $75 with interest from date was claimed; another of like form…

1Opinion of the Court

Opinion,

Mr. Chief Justice Gobdon:

This was an action of assumpsit brought by the plaintiff, Kate E. Rank, against the defendant, Daniel W. Rank, for ' the recovery of a balance alleged to be due her on two promissory notes, a book account, and money loaned. The case presents no legal peculiarity except that arising from the character of the defence. This defence was that the plaintiff’s charges, as well as the notes on which she was the alleged accommodation indorser, created no obligation on part of the said defendant, and ought not to have been charged against him, forasmuch as the said…

2Cases cited2 opinions

  1. Dubs v. DubsSupreme Court of Pennsylvania · 1858
  2. Faries' AppealSupreme Court of Pennsylvania · 1854

3Cited by5 opinions

  1. Carson v. FuhsSupreme Court of Pennsylvania · 1890
  2. Shalters v. LaddSupreme Court of Pennsylvania · 1891
  3. MacConnell v. WrightSupreme Court of Pennsylvania · 1892
  4. Palmer's EstatePennsylvania Orphans' Court, Philadelphia County · 1927
  5. Steinmetz's EstateSuperior Court of Pennsylvania · 1939

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