City Trust & Savings Bank v. Schwartz
Superior Court of Pennsylvania
Appeal, No. 166, Oct. T., 1913, by defendants, from order of C. P. No. 1, Phila. Co., June T., 1913, No. 551, making absolute rule for judgment for want of a sufficient affidavit of defense in case of City Trust & Savings Bank v. Charles Schwartz and Samuel Strauss, trading as Schwartz, Strauss & Company. Assumpsit by the indorsee of a cheek against the maker.
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Appeal, No. 166, Oct. T., 1913, by defendants, from order of C. P. No. 1, Phila. Co., June T., 1913, No. 551, making absolute rule for judgment for want of a sufficient affidavit of defense in case of City Trust & Savings Bank v. Charles Schwartz and Samuel Strauss, trading as Schwartz, Strauss & Company. Assumpsit by the indorsee of a cheek against the maker. The material portions of the statement of claim were as follows: 3. The defendants on April 24, 1913, drew their check on the Northern National Bank, Philadelphia, for the payment of $492.33 to the order of one J. A. Bauman, a copy of…
1Opinion of the Court
Opinion bt
Rice, P. J.,
This was an action of assumpsit by the indorsee against the maker of a check to recover the amount. *649The case is before us by appeal from judgment for want of a sufficient affidavit of defense.
The plaintiff alleged in its statement of claim, inter alia, that the defendants drew their check on a Philadelphia bank for the payment of $492.33 to the order of one J. A. Bauman and caused'it to be delivered to him; that two days later Bauman presented the check to the plaintiff at its banking house and requested the plaintiff to pay him the amount of the same, which request the…
2Cases cited6 opinions
- Class v. Kingsley, Pennsylvania Court of Common Pleas, Philadelphia County1891
- Lowrey v. RobinsonSupreme Court of Pennsylvania · 1891
- Gettysburg National Bank v. KuhnsSupreme Court of Pennsylvania · 1869
- Eliel v. ChamberlainSuperior Court of Pennsylvania · 1912
- Myers v. KippSuperior Court of Pennsylvania · 1902
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