General Refrigerator & Store Fixture Co. v. Fry

Opinion by

Mr. Justice Musmanno,

Edward Mueller of Philadelphia sought a loan of $5,000 from David Fogel, owner of the General Refrigerator and Store Fixture Company of the same city. When Fogel refused to lend the money unless Mueller could supply surety, Mueller prevailed upon a friend, Wm. O. Fry, to sign, with him,* a judgment note in the sum of $6,750. Mueller then asked Fogel to make out two checks, one for $2,504.50 payable to Mueller and the other payable to Mueller and Fry in *17the amount of $2,495.50. Later, Mueller returned to Fogel with the two checks, the $2,495.50 one purportedly…