Shenk v. Robeson
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of Lancaster county. This suit is brought on a note, dated October 1, 1856, drawn by Benjamin Hess, payable to Charles Gr. Robeson or order, for $450, payable at the Farmers Bank of Lancaster, with interest from date, and indorsed by 'Christian Shenk. The narr. simply charges a liability by Shenk, as indorser of the note to the payee, upon the default of the drawer, and notice of protest. The defendant pleaded non assumpsit.
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Error to the Court of Common Pleas of Lancaster county. This suit is brought on a note, dated October 1, 1856, drawn by Benjamin Hess, payable to Charles Gr. Robeson or order, for $450, payable at the Farmers Bank of Lancaster, with interest from date, and indorsed by 'Christian Shenk. The narr. simply charges a liability by Shenk, as indorser of the note to the payee, upon the default of the drawer, and notice of protest. The defendant pleaded non assumpsit. Upon the trial, Hiram Young, under objection from the defendant, testified as follows, after being shown the note in suit: “ This note…
1Opinion of the Court
The opinion of the court was delivered May 24, 1858, by
Woodward, J.
— In Barto v. Schmeck, 4 Casey, 451, we classified the cases that have arisen upon such anomalous indorsements as the present, and laid down the rule of judgment, as clearly as we were capable of expressing it. Applying that rule to this case, the judgment must be reversed, for there was no count on the special undertaking of the defendant, and no evidence to sustain it, if such count had been pleaded. The court ruled that the defendant was not liable, in virtue 'of his indorsement merely, but permitted the jury to infer a…
2Cited by2 opinions
- Schafer v. Farmers' & Mechanics' BankSupreme Court of Pennsylvania · 1869
- Smith's Administrator v. KesslerSupreme Court of Pennsylvania · 1863