Legal Opinion

Lancaster County National Bank v. Henning

Supreme Court of Pennsylvania

Decided October 7, 1895No. Appeal, No. 81PublishedCited by 17 opinions

Appeal, No. 81, Jan. T., 1895, by defendant from judgment of C. P. Lancaster Co., June T., 1893, No. 17, on verdict for plaintiff. Assumpsit on a promissory note. Before Livingston, P. J. At the trial it appeared, that on May 16, 1893, plaintiff brought suit against defendant, the surviving partner of the late firm of Rhodes & Henning, on a note for $3,500, dated January 13, 1890, payable sixty days after date to the order of C. B. Herr, and indorsed by Herr.

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Appeal, No. 81, Jan. T., 1895, by defendant from judgment of C. P. Lancaster Co., June T., 1893, No. 17, on verdict for plaintiff. Assumpsit on a promissory note. Before Livingston, P. J. At the trial it appeared, that on May 16, 1893, plaintiff brought suit against defendant, the surviving partner of the late firm of Rhodes & Henning, on a note for $3,500, dated January 13, 1890, payable sixty days after date to the order of C. B. Herr, and indorsed by Herr. The note was signed “ Rhodes & Henning.” Under objection and exception the court admitted the note in evidence. [1] Defendant offered…

1Opinion of the Court

Opinion by

Mb. Justice Mitchell,

The cases of Hogg v. Orgill, 34 Pa. 344, and Reiter v. Fruh, 150 Pa. 623, appear to have escaped the notice of counsel as well as of the court below. In the former it was expressly held that under a rule of court substantially the same as that in the present case, a denial in the affidavit of defense was a sufficient affidavit, within the rule to put plaintiff to the proof of execution of the note. And in Reiter v. Fruh, the same effect was given to the denial of partnership in the affidavit of defense, and it was said, referring also to Adams v. Kehoe, 1 Weekly…

2Cases cited4 opinions

  1. Dickson v. McGraw Bros.Supreme Court of Pennsylvania · 1892
  2. Reese v. ReeseSupreme Court of Pennsylvania · 1879
  3. Hogg v. OrgillSupreme Court of Pennsylvania · 1859
  4. Reiter v. FruhSupreme Court of Pennsylvania · 1892

3Cited by17 opinions

  1. Hendrickson EstateSupreme Court of Pennsylvania · 1957
  2. Crosetti's EstateSupreme Court of Pennsylvania · 1905
  3. Gildner v. First National Bank & Trust Co. of BethlehemSupreme Court of Pennsylvania · 1941
  4. Lockard v. VareSupreme Court of Pennsylvania · 1911
  5. Billow v. Billow, LiquidatorSupreme Court of Pennsylvania · 1948

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