Seaman v. Tamaqua National Bank
Supreme Court of Pennsylvania
Appeal, No. 202, Jan. T., 1924, by plaintiff, from judgment of C. P. Schuylkill Co., March T., 1923, No. 537, for defendant on affidavit of defense by way of demurrer, in case of William F. Seaman v. Tamaqua National Bank. Assumpsit to recover portion of deposit evidenced by letter of credit. Rule for judgment for want of a sufficient affidavit of defense. The opinion of the Supreme Court states the facts. Rule discharged in opinion by Bechtel, P. J., Koch, J., dissenting.
Read the full summary
Appeal, No. 202, Jan. T., 1924, by plaintiff, from judgment of C. P. Schuylkill Co., March T., 1923, No. 537, for defendant on affidavit of defense by way of demurrer, in case of William F. Seaman v. Tamaqua National Bank. Assumpsit to recover portion of deposit evidenced by letter of credit. Rule for judgment for want of a sufficient affidavit of defense. The opinion of the Supreme Court states the facts. Rule discharged in opinion by Bechtel, P. J., Koch, J., dissenting. Plaintiff appealed. Error assigned was order, quoting it.
1Opinion of the Court
Opinion by
Mr. Justice Schaffer,
A majority of the court below (Judge Koch dissenting) entered judgment against plaintiff on an affidavit of defense by way of demurrer. The recital of facts in the statement of claim is lengthy. They need not be catalogued in this opinion, where it is sufficient to say that plaintiff’s action was based on an irrevocable letter of credit in his favor, issued by defendant, for the sum of $13,000. The statement disclosed that plaintiff drew a draft on defendant for $13,750, which it refused to honor. The court determined that appellant’s right of action depended on…
2Cases cited3 opinions
- Rhodes v. TerheydenSupreme Court of Pennsylvania · 1922
- Franklin Sugar Refining Co. v. Lykens Mercantile Co.Supreme Court of Pennsylvania · 1922
- Briggs v. Logan Iron & Steel Co.Supreme Court of Pennsylvania · 1923
3Cited by6 opinions
- Jamestown Iron & Metal Co. v. KnofskySupreme Court of Pennsylvania · 1927
- Vierling v. BaxterSupreme Court of Pennsylvania · 1928
- Azar v. MarkleSupreme Court of Pennsylvania · 1933
- Casella v. Valenti, Pennsylvania Court of Common Pleas, Schuylkill County1932
- Maxwell v. Eastman, Pennsylvania Court of Common Pleas, Philadelphia County1933
1 more not listed; retrieve them via the Exa API.