Brown v. Pettit
Supreme Court of Pennsylvania
Appeal, No. 381, Jan. T., 1896, by defendants, from judgment of C. P. McKean Co., June T., 1894, No. 222, on verdict for plaintiff. Assumpsit on a promissory note. Before Mobbison, J. HISTOBY OE THE CASE.
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Appeal, No. 381, Jan. T., 1896, by defendants, from judgment of C. P. McKean Co., June T., 1894, No. 222, on verdict for plaintiff. Assumpsit on a promissory note. Before Mobbison, J. HISTOBY OE THE CASE. The defendants, John S. Davis and Webb Evans, were partners under tbe firm name of Davis & Evans, in a general merchandising business at Kane, in McKean county, Pennsylvania, in 1892 and 1893, and J. L. Brown, the plaintiff and appellee, was at the same time doing a private banking business at Wilcox, Elk county, Pennsylvania. Kane and Wilcox were ten or twelve miles apart, connected by…
1Opinion of the Court
Opinion by
Mr. Justice Green,
In this case the undisputed facts were that Webb Evans was the maker of the note in his own name, made it payable to the order of his firm, Davis & Evans, indorsed the name of the firm on the note and requested the plaintiff to place the proceeds of the discount to his personal credit on the books of the bank. As between Webb Evans and the firm of Davis & Evans, on the face of the paper, disregarding the forged indorsement of Joshua Davis, the proceeds of the discount should have been placed to the credit of Davis & Evans. That firm as well as Webb Evans had an…
2Cases cited5 opinions
- Haldeman & Grubb v. Bank of MiddletownSupreme Court of Pennsylvania · 1857
- Cooper v. McClurkanSupreme Court of Pennsylvania · 1853
- Ihmsen v. Negley, Mohan & Co.Supreme Court of Pennsylvania · 1855
- Miller v. Consolidation BankSupreme Court of Pennsylvania · 1865
- Tanner v. HallSupreme Court of Pennsylvania · 1845
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- First Nat. Bank of Hailey v. G. V. B. Min. Co.U.S. Circuit Court for the District of Idaho · 1898
- Odd Fellows Home v. Velenchick Bros.Superior Court of Pennsylvania · 1919