Miners S. Bank v. Duryea Borough

Opinion by

Mr. Justice Barnes,

This is an action in assumpsit to recover an unpaid balance of $25,000.00 with interest from February 25, 1929, upon a promissory note of defendant borough. The case was submitted, under the provisions of the Act of March 23, 1870, P. L. 540, to a referee, who rendered a decision in favor of the plaintiff bank. The court below sustained exceptions to the referee’s report and entered judgment for the borough upon the ground that a resolution, authorizing the execution of the note and the borrowing of the money for which it was given, was not recorded in the…