West Phila. N. Bank v. Field
Supreme Court of Pennsylvania
No. 199 January Term 1891, Sup. Ct.; court below, No. 94 June Term 1887, C. P. No. 4. On June 3, 1887, the West Philadelphia National Bank brought assumpsit against John Field, filing a statement of claim to recover $5,000, the amount of a certain negotiable note drawn by the defendant to the order of John and James Hunter, dated June 25, 1886, payable four months after date, and indorsed to the plaintiff bank. The defendant pleaded non-assumpsit.
Read the full summary
No. 199 January Term 1891, Sup. Ct.; court below, No. 94 June Term 1887, C. P. No. 4. On June 3, 1887, the West Philadelphia National Bank brought assumpsit against John Field, filing a statement of claim to recover $5,000, the amount of a certain negotiable note drawn by the defendant to the order of John and James Hunter, dated June 25, 1886, payable four months after date, and indorsed to the plaintiff bank. The defendant pleaded non-assumpsit. At the trial on October 10, 1890, the plaintiff bank, to lay ground for evidence of the contents of the note, not produced, proved by their cashier…
1Opinion of the Court
Opinion,
Mr. Justice Sterrett:
In the language of plaintiff’s amended statement of claim, this suit was brought against the defendant John Field “to *476recover the sum of $5,000, being the amount of a certain promissory note drawn by the defendant to the order of John and James Hunter, dated June 25, 1886, and payable four months after date at Fifty-fifth and Paschall streets, and indorsed by said John and James Hunter to the plaintiff.” As an excuse for non-possession of said note and inability to file a copy of it, the plaintiff added the following averment, viz.:
“ The said note is not now in…
2Cases cited7 opinions
- Clift v. . MosesNew York Court of Appeals · 1889
- Mount v. ScholesIllinois Supreme Court · 1887
- Hill v. Nation Trust Co.Supreme Court of Pennsylvania · 1885
- McGrann v. Pittsburgh & Lake Erie RailroadSupreme Court of Pennsylvania · 1886
- Jones v. BlandSupreme Court of Pennsylvania · 1887
2 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Marsh v. State Bank & Trust Co.Tennessee Supreme Court · 1925
- Second National Bank of Reading v. WentzelSupreme Court of Pennsylvania · 1892
- Negim v. First State Bank of PicherSupreme Court of Oklahoma · 1935
- Winters v. MowrerSuperior Court of Pennsylvania · 1895
- American Finance Corporation v. WebbConnecticut Superior Court · 1962
6 more not listed; retrieve them via the Exa API.