Faux v. Fitler
Supreme Court of Pennsylvania
Appeal, No. 382, Jan. T., 1910, by defendant, from judgment of C. P. No. 5, Phila. Co., March T., 1908, No. 818, entered for plaintiff non obstante verdicto in case of William J. Faux v. Alfred E. Fitter. Assumpsit on promissory notes. Before Ralston, J. At the trial the plaintiff produced the notes.
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Appeal, No. 382, Jan. T., 1910, by defendant, from judgment of C. P. No. 5, Phila. Co., March T., 1908, No. 818, entered for plaintiff non obstante verdicto in case of William J. Faux v. Alfred E. Fitter. Assumpsit on promissory notes. Before Ralston, J. At the trial the plaintiff produced the notes. The defendant, the maker, testified that he had invited the plaintiff, the payee, to join him in a stock speculation; that the plaintiff had agreed, and had given him $3,000 for that purpose, in three different payments; that when the first money was paid the plaintiff “had his private secretary…
1Opinion of the Court
Opinion by
Mr. Justice Moschzisker,
The plaintiff sued the defendant to recover on three promissory notes, all drawn in regular form, and each of them given by the latter for money received from the former.
When this case was here before (223 Pa. 568) on the question of the sufficiency of the affidavits of defense, we said that it would be “the duty of the trial judge to submit. for the consideration of the jury any meritorious defense the defendant may present.” The question as to whether or not the defendant would be able to sustain his defense by the proper measure of proof was not then…
2Cases cited4 opinions
- Gandy v. WeckerlySupreme Court of Pennsylvania · 1908
- Phillips v. MeilySupreme Court of Pennsylvania · 1884
- Faux v. FitlerSupreme Court of Pennsylvania · 1909
- Fuller v. LawSupreme Court of Pennsylvania · 1903
3Cited by6 opinions
- Thompson v. SchochSupreme Court of Pennsylvania · 1916
- Kline v. Fitzgerald Bros.Supreme Court of Pennsylvania · 1920
- Dixon v. MinogueSupreme Court of Pennsylvania · 1923
- Knoller v. Everett Realty Co.Superior Court of Pennsylvania · 1914
- McIvor v. HynesSupreme Court of Pennsylvania · 1915
1 more not listed; retrieve them via the Exa API.