Mechanics' National Bank v. Kielkopf
Superior Court of Pennsylvania
Appeal, No. 164, Oct. T., 1902, by-defendant, from judgment of C. P. No. 4, Phila. Co., June T., 1900, No. 747, on verdict for plaintiff in case of Mechanics’ National Bank of Burlington v. John W. Kielkopf. Assumpsit on a promissory note. Before Attdenried, J. The facts are stated in the opinion of the Superior Court. The court gave binding instructions for plaintiff. Verdict and judgment for plaintiff for $550. Defendant appealed.
Read the full summary
Appeal, No. 164, Oct. T., 1902, by-defendant, from judgment of C. P. No. 4, Phila. Co., June T., 1900, No. 747, on verdict for plaintiff in case of Mechanics’ National Bank of Burlington v. John W. Kielkopf. Assumpsit on a promissory note. Before Attdenried, J. The facts are stated in the opinion of the Superior Court. The court gave binding instructions for plaintiff. Verdict and judgment for plaintiff for $550. Defendant appealed. Error assigned was in giving binding instructions for plaintiff. The defendant contends that the learned court erred in pronouncing as a matter of law that the…
1Opinion of the Court
Opinion by
Smith, J.,
The defendant’s promissory note for $500, at four months, to the order of the United Produce Company, indorsed by the payee and by D. H. Mitchell, was discounted by the plaintiff bank. The presumption of law is that the note was transferred before maturity; the evidence on. the subject indicated that such was the fact, and there was no evidence to the contrary. If there was any defense arising from the equities between the parties to the note, it was unknown to the plaintiff. Prima facie, therefore, the plaintiff was entitled to recover.
When the note matured, the bank…
2Cases cited3 opinions
- N. Holmes & Sons v. Briggs & DrumSupreme Court of Pennsylvania · 1890
- Kilpatrick v. Home B. & L. Ass'nSupreme Court of Pennsylvania · 1888
- Hunter v. MoulSupreme Court of Pennsylvania · 1881
3Cited by6 opinions
- First Pennsylvania Bank, N. A. v. TriesterSuperior Court of Pennsylvania · 1977
- Citizens' Bk. of Wind Gap v. LipschitzSupreme Court of Pennsylvania · 1929
- Newhall v. ArnettSupreme Court of Pennsylvania · 1924
- Piel Const. Co. v. Commonwealth of Pennsylvania ex rel. HendricksCourt of Appeals for the Third Circuit · 1929
- First National Bank v. Rotz, Pennsylvania Court of Common Pleas, Snyder County1925
1 more not listed; retrieve them via the Exa API.