First National Bank v. Colonial Hotel Co.
Supreme Court of Pennsylvania
Appeal, No. 12, Oct. T., 1909, by defendant, from judgment of C. P. No. 4, Allegheny Co., Fourth Term, 1907, No. 88, on verdict for plaintiff in case of First National Bank of Pittsburg v. Colonial Hotel Company. Assumpsit on a promissory note.
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Appeal, No. 12, Oct. T., 1909, by defendant, from judgment of C. P. No. 4, Allegheny Co., Fourth Term, 1907, No. 88, on verdict for plaintiff in case of First National Bank of Pittsburg v. Colonial Hotel Company. Assumpsit on a promissory note. Before Carnahan, J. The note in suit was as follows: “14,316.78 Pittsburg, Pa., Apr. 22, 1907. “Thirty days after date we promise to pay to the order of Union Potteries Company Forty-three hundred sixteen seventy-eight Dollars at 2126 Farmers Bank Bldg., Pittsburg, Pa. “Without defalcation, for value received. “The Colonial Hotel Co., “ F. C. Smith,…
1Opinion of the Court
Opinion by
Mr. Justice Mestrezat,
This is an action of assumpsit brought by the holder against the maker of a promissory note. The note was dated April 22, 1907, payable thirty days after date to the order of Union Potteries Company and signed: “The Colonial Hotel Co., F. C. Smith, Treas.” It was indorsed by the Union Potteries Company, and before maturity and for a valuable consideration was duly discounted in the ordinary course of business by the plaintiff bank, the present holder thereof.
On the trial of the cause, the defendant resisted a recovery on the ground that F. C. Smith had no…
2Cases cited3 opinions
- Mining Co. v. Anglo-Californian BankSupreme Court of the United States · 1881
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- Edwards v. Plains Light & Water Co.Montana Supreme Court · 1914
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