Siebeneck v. Anchor Savings Bank
Supreme Court of Pennsylvania
Error to the Court of Common Pleas No. 2, of Allegheny county: Of October and November Term, 1885, No. 95. Assumpsit brought by The Anchor Savings Bank against Joseph G. Siebeneck. The plaintiff declared specially on a promissory note, dated November 14th, 1883, for $3,800, made by A. A. Jackson & Co., to the order of J. G. Siebeneck, and indorsed by said Siebeneck, and in the common counts. The defendant pleaded non assumpsit, payment, payment with leave, etc.
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Error to the Court of Common Pleas No. 2, of Allegheny county: Of October and November Term, 1885, No. 95. Assumpsit brought by The Anchor Savings Bank against Joseph G. Siebeneck. The plaintiff declared specially on a promissory note, dated November 14th, 1883, for $3,800, made by A. A. Jackson & Co., to the order of J. G. Siebeneck, and indorsed by said Siebeneck, and in the common counts. The defendant pleaded non assumpsit, payment, payment with leave, etc. On the trial, before Ewing, P. J., the following facts appeared : In January, 1883, A. A. Jackson applied to Siebeneck, the…
1Opinion of the CourtJustice Sterrett
It must be conceded that, as indorser of the note in suit, plaintiff in error is liable for the balance due thereon, unless lie was released therefrom by agreement of the -bank with the makers for a definite extension of- time, first for sixty days and then for the further period of ninety days. As to the fact of such agreement there can be no question. ‘ It is conclusively shown by the indorsements on the note itself, and *192also by tbe oral testimony. Tbe note for $3,800, made by A. A. Jackson & Co. and indorsed by plaintiff in error, matured February 16th, 1884. On that day a waiver of…
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