First National Bank v. Shreiner
Supreme Court of Pennsylvania
Assumpsit by the First National Bank of Lancaster against H. M. Shreiner et al., executors of Michael Zahm, deceased, on a promissory note for §1,350, payment of which the defendants’ testator had guaranteed “ without protest.” Defendants pleaded payment, with leave, etc.
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Assumpsit by the First National Bank of Lancaster against H. M. Shreiner et al., executors of Michael Zahm, deceased, on a promissory note for §1,350, payment of which the defendants’ testator had guaranteed “ without protest.” Defendants pleaded payment, with leave, etc. The facts of the ease as they appeared on the trial, before Patterson, J., were as follows: The note on which suit was brought was as follows :— §1,350. Lancaster, Pa., May 9th, 1877. Sixty days after date we promise to pay to the order of Samuel Groff, at the First National Bank of Lancaster, thirteen hundred and fifty…
1Opinion of the CourtJustice Tetjnkey
When this cause was first tried the plaintiff put in evidence the note, the guaranty and the fact of Diller & Groffs insolvency, and rested; thereupon, having first rejected the defendant’s offers of testimony, the court directed a verdict for the plaintiff. The testimony so rejected was, that on the day the note became due, July 11th, 1877, before Zahm'executed the guaranty, Swartz, who was an indorser on the note, gave the Bank a written direction and promise respecting the note in case of its renewal; that said Swartz on that day and after-wards had a deposit in the Bank sufficient to pay…
2Cited by6 opinions
- Franklin Savings & Trust Co. v. ClarkSupreme Court of Pennsylvania · 1925
- First National Bank v. PeltzSupreme Court of Pennsylvania · 1896
- Maryland Casualty Co. v. National Bank of Germantown & Trust Co.Supreme Court of Pennsylvania · 1935
- Harr, Secty. of Banking v. EdsallSuperior Court of Pennsylvania · 1935
- James Doak, Jr., Co. v. LevySuperior Court of Pennsylvania · 1937
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