Lininger v. Latshaw
Supreme Court of Pennsylvania
Appeal, No. 451, Jan. T., 1894, by plaintiff, from judgment of C.. P. Franklin Co., Feb. T., 1891, No. 186, on verdict for defendants. Assumpsit on promissory note. At the trial it appeared that defendants were sued as indorsers on a promissory note for $1,750. The plaintiff offered the note in suit, and having admitted a credit of $1,000 thereon rested.
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Appeal, No. 451, Jan. T., 1894, by plaintiff, from judgment of C.. P. Franklin Co., Feb. T., 1891, No. 186, on verdict for defendants. Assumpsit on promissory note. At the trial it appeared that defendants were sued as indorsers on a promissory note for $1,750. The plaintiff offered the note in suit, and having admitted a credit of $1,000 thereon rested. Defendants answered by offering an agreement of compromise dated February 24, 1891, signed by a number of their creditors, the name of the plaintiff appearing among them. By this agreement the creditors who became parties thereto bound…
1Opinion of the Court
Opinion by
Mr. Justice Green,
The jury having found that Orr did have the authority of Lininger to sign the composition deed for him, the only question before us, is, whether there was evidence, more than a scintilla, of the fact of such authoritjq to warrant the court in submitting the question to the juiy. This can only be determined by a review of the testimony delivered on the trial.
The composition agreement was executed on February 24, 1891. Prior to that time several suits had been brought and were pending against the present defendants in the common pleas of Franklin county, of which…
2Cited by1 opinion
- In re Voluntary Assignment of Charles E. Stewart & Co.Supreme Court of Pennsylvania · 1899