Lerch v. Bard
Supreme Court of Pennsylvania
Appeal, No. 326, Jan. T., 1893, by-plaintiff, Annetta K. Lerch, from judgment of O. P. Berks Co., Feb. T., 1892, No. 51, entering compulsory nonsuit in favor of defendants, George W. Bard, Samuel H. Kutz and Regina Boyer, trading as American Plumbago Mining Co. Assumpsit on promissory note. The facts as they appeared before Endlich, J., are stated in the opinion of the Supreme Court.
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Appeal, No. 326, Jan. T., 1893, by-plaintiff, Annetta K. Lerch, from judgment of O. P. Berks Co., Feb. T., 1892, No. 51, entering compulsory nonsuit in favor of defendants, George W. Bard, Samuel H. Kutz and Regina Boyer, trading as American Plumbago Mining Co. Assumpsit on promissory note. The facts as they appeared before Endlich, J., are stated in the opinion of the Supreme Court. The other clause of the partnership agreement, referred to in the opinion of the Supreme Court, is as follows : “ It is hereby further understood and agreed that no debts shall be contracted in the name of the…
1Opinion of the Court
Opinion by
Mr. Chief Justice Sterrett,
This suit is on a note of which the following is a copy :
“ $3,000. Reading, Pa., October 1, 1890.
“ One year after date we promise to pay to tbo order of Annetta K. Lerch three thousand dollars, at lawful interest, without defalcation. Value received.
“ American Plumbago Mining Co.
“ William P. Bard, Manager.”
The three partners, defendants, having, under rule of court, made affidavit “ that the note in suit was not drawn, executed or delivered by, or by the authority of these defendants or either of them,” it became necessary for the plaintiff to introduce…
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