Phœnix Brewing Co. v. Weiss
Superior Court of Pennsylvania
Appeal, No. 110, April T., 1903, by defendant, from judgment of C. P. No. 1, Allegheny Co., Sept. T., 1901, No. 439, on verdict for plaintiff in case of Phcenix Brewing Company v. C. Theodore Weiss. Assumpsit on a promissory note against indorser. Before MacFarlane, J. At the trial it appeared that the notice of protest was mailed to defendant at a street mail box in front of the notary’s office.
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Appeal, No. 110, April T., 1903, by defendant, from judgment of C. P. No. 1, Allegheny Co., Sept. T., 1901, No. 439, on verdict for plaintiff in case of Phcenix Brewing Company v. C. Theodore Weiss. Assumpsit on a promissory note against indorser. Before MacFarlane, J. At the trial it appeared that the notice of protest was mailed to defendant at a street mail box in front of the notary’s office. The court admitted under objection and exception the notice in question. [6] Defendant presented these points: 1. In order to hold defendant liable as indorser the evidence must show that demand for…
1Opinion of the Court
Opinion by
Oblady, J.,
It is not material whether the notice of protest was mailed to the defendant in the street mail box in front of the notary’s office, from which collections were made six or seven times a day, or in the general post-office at Allegheny. Each place was a recognized depositary of the government post-office system of receiving and forwarding mail matter, and the testimony of the clerk of the notary was explicit that he had personally placed a proper notice of protest in the mail box at one or the other of the named places. It is well settled that the fact of depositing in the…
2Cases cited4 opinions
- Jensen v. McCorkellSupreme Court of Pennsylvania · 1898
- McSparran v. Southern Mutual InsuranceSupreme Court of Pennsylvania · 1899
- Black v. RoebuckSuperior Court of Pennsylvania · 1901
- Sitler v. Spring Garden Mutual Fire InsuranceSuperior Court of Pennsylvania · 1901
3Cited by5 opinions
- Donnelly v. Buffalo & Lake Erie Traction Co.Superior Court of Pennsylvania · 1909
- South Side Trust Co. v. LambSuperior Court of Pennsylvania · 1914
- Williams v. PattersonSuperior Court of Pennsylvania · 1909
- Keystone Insurance v. Morello, Pennsylvania Court of Common Pleas, Montgomery County1972
- Skokan v. Em Lou Coal Co., Pennsylvania Court of Common Pleas, Jefferson County1921