First National Bank v. Fidelity Title & Trust Co.
Supreme Court of Pennsylvania
Appeal, No. 110, Oct. T., 1915, by plaintiff, from order of O. P. Allegheny Co., Oct. T., 1912, No. 758, granting a new trial, in case of First National Bank of Birmingham, a Corporation Under the Laws of the United States, v. Fidelity Title & Trust Company, Administrator of Samuel B. Walton, Deceased. Assumpsit on a promissory note. Before Cohen, J. The opinion of the Supreme Court states the facts.
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Appeal, No. 110, Oct. T., 1915, by plaintiff, from order of O. P. Allegheny Co., Oct. T., 1912, No. 758, granting a new trial, in case of First National Bank of Birmingham, a Corporation Under the Laws of the United States, v. Fidelity Title & Trust Company, Administrator of Samuel B. Walton, Deceased. Assumpsit on a promissory note. Before Cohen, J. The opinion of the Supreme Court states the facts. Verdict for plaintiff for $13,623.54; the court, on defendant’s motion, subsequently granted a new trial. Plaintiff appealed. Error assigned, among others, was in granting a new trial.
1Opinion of the Court
Opinion by
Mr. Justice Mestrezat,
This is an action of assumpsit by the holder against the endorser of a promissory note. It is between the same parties and arises out of a state of facts similar to those in the case in which an opinion is filed herewith. In that case the action was against the defendant’s intestate, Walton, on two promissory notes made and endorsed by him, and in this case the action is against him on a promissory note on which he was an endorser. In both cases the defense was that Walton was an accommodation endorser and that at the time the endorsements were made he was…
2Cases cited4 opinions
- Commonwealth v. GaborSupreme Court of Pennsylvania · 1904
- Wirebach's v. First National BankSupreme Court of Pennsylvania · 1881
- Bank of Mifflintown v. Bank of New KensingtonSupreme Court of Pennsylvania · 1915
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