Legal Opinion

Lerch Hardware Co. v. First National Bank

Supreme Court of Pennsylvania

Decided March 23, 1885No. 179PublishedCited by 11 opinions

Error to the'Court of Common Pleas of Berks county: Of January Term 1885, No. 179. Assumpsit, by the First National Bank of Columbia against the Lerch Hardware Company, Limited, upon a promissory note. The defendant company was organized under the Limited Partnership Act of June 2d, 1874, and was composed of Elizabeth Lerch, J. C. Bright, Daniel D. Lerch, Wm. J. Lerch, George F. Baer, and Robert Bland.

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Error to the'Court of Common Pleas of Berks county: Of January Term 1885, No. 179. Assumpsit, by the First National Bank of Columbia against the Lerch Hardware Company, Limited, upon a promissory note. The defendant company was organized under the Limited Partnership Act of June 2d, 1874, and was composed of Elizabeth Lerch, J. C. Bright, Daniel D. Lerch, Wm. J. Lerch, George F. Baer, and Robert Bland. The note in suit was as follows : — • 1493.71. Reading, Pa., Dec. 13, 1882. Four months after date, Lerch Hardware Company, Limited, promise to pay to the order of Hassinger & Brittain, four…

1Opinion of the CourtJustice Trunkey

It is not denied that the holder of negotiable paper, who obtained it in good faith, before its maturity, for value, has a good title. In the absence of rebutting proof, the law presumes that he is a bona fide holder for a consideration, without notice, and it is incumbent ,on the defendant to establish the contrary by satisfactory proof, thereby overcoming the prima facie title of the plaintiff, before the latter need do anything more to establish his case than to adduce the bill or note.

To support an action by the indorsee of negotiable paper, against the maker, in the first instance it is…

2Cases cited3 opinions

  1. Holme v. KarsperSupreme Court of Pennsylvania · 1813
  2. Knight v. PughSupreme Court of Pennsylvania · 1842
  3. Dickson v. Primrose, Pennsylvania Court of Common Pleas, Philadelphia County1840

3Cited by11 opinions

  1. Winter v. NobsIdaho Supreme Court · 1910
  2. Second National Bank v. MorganSupreme Court of Pennsylvania · 1895
  3. Schultheis v. SellersSupreme Court of Pennsylvania · 1909
  4. Camden National Bank v. Fries-Breslin Co.Supreme Court of Pennsylvania · 1906
  5. Loeb v. MellingerSuperior Court of Pennsylvania · 1900

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