First National Bank v. Tustin
Superior Court of Pennsylvania
Appeal, No. 22, March T., 1914, by defendant, from order of C. P. Columbia Co., May T., 1912, No. 59, making absolute rule for judgment for want of a sufficient affidavit of defense in case of First National Bank of Bloomsburg v. George M. Tustin. Assumpsit on a promissory note. Before Evans, P. J. Rule for judgment for want of a sufficient affidavit of defense. The note in suit was as follows: “No. 294. Bloomsburg, Pa., July 22, 1911. “Renewal.
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Appeal, No. 22, March T., 1914, by defendant, from order of C. P. Columbia Co., May T., 1912, No. 59, making absolute rule for judgment for want of a sufficient affidavit of defense in case of First National Bank of Bloomsburg v. George M. Tustin. Assumpsit on a promissory note. Before Evans, P. J. Rule for judgment for want of a sufficient affidavit of defense. The note in suit was as follows: “No. 294. Bloomsburg, Pa., July 22, 1911. “Renewal. “Three months after date I promise to pay to the order of George M. Tustin, ($400) Four hundred dollars at the ' First National Bank, of Bloomsburg,…
1Opinion of the Court
Opinion by
Henderson, J.,
The plaintiff’s action is on a promissory note dated July 22, 1911, for $400 payable three months after date. This note was drawn by C. W. Miller to the order of the defendant and indorsed by the latter for the credit of the drawer and delivered to the plaintiff. The affidavits of defense show that this note was given as a renewal for the balance due on two notes given by Miller to the plaintiff and indorsed by the defendant February 8, 1909, for the payment of $1,100. Of the fact that the defendant was an accommodation indorser the plaintiff had notice. The defense…
2Cases cited10 opinions
- First National Bank v. . WoodNew York Court of Appeals · 1877
- Ross v. JonesSupreme Court of the United States · 1875
- Commercial National Bank v. HenningerSupreme Court of Pennsylvania · 1884
- Mechanics & Traders Bank v. Seitz Bros.Supreme Court of Pennsylvania · 1892
- Fegley v. McDonaldSupreme Court of Pennsylvania · 1879
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3Cited by2 opinions
- Hunsberger v. Perkiomen Nat. BankSuperior Court of Pennsylvania · 1932
- Northampton National Bank v. HollandSuperior Court of Pennsylvania · 1936