Legal Opinion

Second National Bank v. Hoffman

Supreme Court of Pennsylvania

Decided January 3, 1911No. Appeal, No. 199PublishedCited by 63 opinions

Appeal, No. 199, Oct. T., 1910, by defendant, from judgment of C. P. Venango Co., Aug. T., 1908, No. 83, on verdict for plaintiff in case of Second National Bank of Pittsburg v. Taylor Hoffman. Assumpsit on a promissory note. Before Crisswell, P. J. The opinion of the Supreme Court states the facts of the case. The court gave binding instructions for plaintiff. Verdict and judgment for plaintiff for $5,329.46. Defendant appealed.

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Appeal, No. 199, Oct. T., 1910, by defendant, from judgment of C. P. Venango Co., Aug. T., 1908, No. 83, on verdict for plaintiff in case of Second National Bank of Pittsburg v. Taylor Hoffman. Assumpsit on a promissory note. Before Crisswell, P. J. The opinion of the Supreme Court states the facts of the case. The court gave binding instructions for plaintiff. Verdict and judgment for plaintiff for $5,329.46. Defendant appealed. Error assigned amongst others was (6) in giving binding instructions for plaintiff.

1Opinion of the Court

Opinion by

Mr. Justice Brown,

On April 10, 1908, the Second National Bank of Pitts-burg was the holder of the note of W. C. and John M. McKee for $7,000, which matured on that day, but was not paid. A few days later the makers called at the bank and had an interview with its cashier, J. M. Young, who insisted upon payment of the obligation. When informed by them that they could not pay, he told them the bank would not embarrass them, if they would give it collateral security or a satisfactory indorsement, and it was then agreed that they would pay $500 on the note and give a new note with an…

2Cases cited5 opinions

  1. Lonzer v. Lehigh Valley RailroadSupreme Court of Pennsylvania · 1900
  2. James H. Harlow & Co. v. Borough of HomesteadSupreme Court of Pennsylvania · 1899
  3. Dinan v. Supreme Council of Catholic Mutual Benefit Ass'nSupreme Court of Pennsylvania · 1904
  4. Bartlett v. RothschildSupreme Court of Pennsylvania · 1906
  5. Fry v. National Glass Co.Supreme Court of Pennsylvania · 1908

3Cited by63 opinions

  1. Nanty-Glo Boro. v. American Surety Co.Supreme Court of Pennsylvania · 1932
  2. Evans v. Penn Mutual Life InsuranceSupreme Court of Pennsylvania · 1936
  3. Hartig v. American Ice Co.Supreme Court of Pennsylvania · 1927
  4. MacDonald v. Pennsylvania RailroadSupreme Court of Pennsylvania · 1944
  5. Fehr v. CampbellSupreme Court of Pennsylvania · 1927

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