Northumberland County Bank v. Eyer
Supreme Court of Pennsylvania
Error to the Common Pleas of Northumberland county: to January Term 1869, No. 258. This was an action of assumpsit, brought March 24th 1865, by the Northumberland County Bank against Henry C. Eyer. The cause of action was the endorsement or guaranty of a note for $900, drawn by Peter Henninger, dated September 23d 1863, payable in sixty days to the order of John Noll.
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Error to the Common Pleas of Northumberland county: to January Term 1869, No. 258. This was an action of assumpsit, brought March 24th 1865, by the Northumberland County Bank against Henry C. Eyer. The cause of action was the endorsement or guaranty of a note for $900, drawn by Peter Henninger, dated September 23d 1863, payable in sixty days to the order of John Noll. There were two other suits on similar notes — one for $300, and the other for $600. The claim and defence in all depended upon the same circumstances ; they ha,d been tried before, the judgments reversed and new trials awarded.…
1Opinion of the Court
tfke opinion of the court was delivered,
by
Sharswood, J.
The judgment of the court below on the *439reserved point not having been excepted to, is not before us for review. The 5th section of the Act of Assembly passed March 28th 1835, Pamph. L. 90, entitled “ An act to establish the District Court for the city and county of Philadelphia,” and extended to the Courts of Common Pleas of the several counties of this Commonwealth by Act of April 22d 1863, Pamph. L. 555, after giving the power to reserve questions of law on the trial of a cause for the consideration and judgment of the court in banc,…
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