First National Bank v. Gerli
Supreme Court of Pennsylvania
Appeal, No. 6, Jan. T., 1911, by plaintiff, from judgment of C. P. Columbia Co., Dec. T., 1908, No. 34, for defendant non obstante veredicto in case of First National Bank of Bloomsburg v. Emanuel Gerli, administrator e. t. a. of the Estate of Joseph Ratti, deceased. Assumpsit to recover on a promissory note. Before McClure, P. J., specially presiding.
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Appeal, No. 6, Jan. T., 1911, by plaintiff, from judgment of C. P. Columbia Co., Dec. T., 1908, No. 34, for defendant non obstante veredicto in case of First National Bank of Bloomsburg v. Emanuel Gerli, administrator e. t. a. of the Estate of Joseph Ratti, deceased. Assumpsit to recover on a promissory note. Before McClure, P. J., specially presiding. The plaintiff averred in its statement of claim “that E. F. Carpenter on August 7, 1906 .... made and delivered to Joseph Ratti, now deceased, .... his promissory note, whereof the following is a copy: ‘No. 7531, Bloomsburg, Pa., Aug. 7, 1906.…
1Opinion of the Court
Opinion by
Mr. Justice Moschzisker,
When this case was here before (225 Pa. 256), we said, “From the note itself it is clear that Ratti’s indorsement was not for the accommodation of Carpenter. . . . The instrument, without parol testimony to vary it, is an absolute promise of Carpenter to pay Ratti $5,000 for value received. At the time .... Ratti delivered the note to him Carpenter was the cashier of the bank, and the presumption would be that when the note was discounted it was for the benefit of Ratti, and that the pro*470ceeds ought to have gone to his credit.” It is now urged upon us that…
2Cases cited11 opinions
- Gunster v. Scranton Illuminating, Heat & Power Co.Supreme Court of Pennsylvania · 1897
- United Security Life Insurance & Trust Co. v. Central National BankSupreme Court of Pennsylvania · 1898
- Chestnut Street Trust & Saving Fund Co. v. Record Publishing Co.Supreme Court of Pennsylvania · 1910
- Massachusetts National Bank v. SnowMassachusetts Supreme Judicial Court · 1905
- First National Bank v. GerliSupreme Court of Pennsylvania · 1909
6 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Norristown-Penn Trust Co. v. MiddletonSupreme Court of Pennsylvania · 1930
- Lincoln National Bank v. MillerSupreme Court of Pennsylvania · 1917