Mikos v. Kida

Opinion by

Mr. Justice Schaffer,

Plaintiff brings this action on a promissory note to his order for $6,000 in the usual form signed by Kida, Mladzianowski and Schurgot as makers. At the time suit was brought Schurgot was dead and his executor was named as defendant. On distribution of Schurgot’s estate by the orphans’ court plaintiff had received on account of the note $2,149.80. The jury rendered a verdict in plaintiff’s favor in the sum of $4,980.70, representing the balance due with interest. The court entered judgment for defendants non obstante veredicto. Plaintiff appeals.

The two living…