Smith v. National Bank of Sayre
Superior Court of Pennsylvania
Appeal, No. 231, Oct. T., 1912, by defendant, from judgment of C. P. Bradford Co., Sept. Term, 1911, No. 59, on verdict for plaintiffs in case of F. F. Smith, George F. Miller and M. R. Wright, co-partners, doing business under the firm name of Smith, Miller & Wright, v. National Bank of Sayre. Assumpsit to recover $600 voluntarily paid by the plaintiffs to the defendant on account of a promissory note, signed by the plaintiffs.
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Appeal, No. 231, Oct. T., 1912, by defendant, from judgment of C. P. Bradford Co., Sept. Term, 1911, No. 59, on verdict for plaintiffs in case of F. F. Smith, George F. Miller and M. R. Wright, co-partners, doing business under the firm name of Smith, Miller & Wright, v. National Bank of Sayre. Assumpsit to recover $600 voluntarily paid by the plaintiffs to the defendant on account of a promissory note, signed by the plaintiffs. Before Maxwell, P. J. At the trial it appeared that on April 21, 1909, the following note was signed by the plaintiffs and given to the defendant. “Sayre, Pa., Api.…
1Opinion of the Court
Opinion by
Head, J.,
At the conclusion of the trial the learned judge below directed á verdict for the plaintiffs. Upon this verdict judgment was subsequently entered and the defendant appeals.
The plaintiffs sue to recover from the defendant the sum of about $600 which they had paid. It is not denied that at the time this payment was made to the bank the latter owned and held a note dated April 1, 1909, for the sum of $2,000. This note was payable on demand. Ac*374cording to its face the present plaintiffs were the makers of that note. It is not denied that the bank paid full consideration for it…
2Cited by1 opinion
- Smith v. National BankSuperior Court of Pennsylvania · 1915