Bank of Commerce v. Fisher
Superior Court of Pennsylvania
Appeal, No. 126, Oct. T., 1916, by plaintiff, from judgment of O. P. No. 4, Philadelphia Co., Dec. T., 1914, No. 2849, on verdict for defendant in case of Bank of Commerce v. Isadore Fisher. Assumpsit on a written contract. Before Audenried, P. J. The facts are stated in the opinion of the Superior Court. Verdict and judgment for defendant for $542.10. Plaintiff appealed.
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Appeal, No. 126, Oct. T., 1916, by plaintiff, from judgment of O. P. No. 4, Philadelphia Co., Dec. T., 1914, No. 2849, on verdict for defendant in case of Bank of Commerce v. Isadore Fisher. Assumpsit on a written contract. Before Audenried, P. J. The facts are stated in the opinion of the Superior Court. Verdict and judgment for defendant for $542.10. Plaintiff appealed. Errors assigned were (1, 2) general statements in relation to the charge without setting forth portions of the charge (3-5) refusal to affirm plaintiff’s points, setting forth the points, but not the answers thereto; (6) in…
1Opinion of the Court
Opinion by
Williams, J.,
June 4, 1913, Fisher borrowed from the plaintiff bank $1,625, and, as collateral security therefor, assigned his book accounts against Blum Brothers, amounting to $2,096.37, all of which, except the amount of $171, were overdue when assigned. Under the agreement’ between the parties Fisher guaranteed the payment of the accounts in full at maturity, and authorized the bank to charge to his account any which became overdue, or *371which the bank deemed undesirable. He gave the bank the sole right of collection.
July 31,1913, Blum Brothers became bankrupt. January 7, 1914,…
2Cases cited4 opinions
- Farmers National Bank v. NelsonSupreme Court of Pennsylvania · 1917
- Commonwealth v. SimonSuperior Court of Pennsylvania · 1910
- Hanna v. HoltonSupreme Court of Pennsylvania · 1873
- Ballingall v. HunsbergerSuperior Court of Pennsylvania · 1901