Lesley v. Ewing
Supreme Court of Pennsylvania
Appeal, No. 260, Jan. T., 1913, by plaintiff, from judgment of C. P. No. 5, Philadelphia Co., March T., 1912, No. 6200, on verdict for defendant in case of Hugh Lesley v. J. Hunter Ewing, Thomas L. Elwyn, and William B. Whelen, who were with Henry Whelen and Charles C. Whelen, Late Trading as Townsend, Whelen & Company. Assumpsit upon a check.
Read the full summary
Appeal, No. 260, Jan. T., 1913, by plaintiff, from judgment of C. P. No. 5, Philadelphia Co., March T., 1912, No. 6200, on verdict for defendant in case of Hugh Lesley v. J. Hunter Ewing, Thomas L. Elwyn, and William B. Whelen, who were with Henry Whelen and Charles C. Whelen, Late Trading as Townsend, Whelen & Company. Assumpsit upon a check. Before Ralston, J. From the record it appeared that the plaintiff brought his action against the defendants for the recovery of the sum of $4,000, paid by the defendants, who were bankers, on a check drawn on them by the plaintiff to the order of Milton…
1Opinion of the Court
Opinion by
Me. Justice Mesteezat,
We must sustain the first two assignments of error and reverse this judgment. The payee of the check over which this controversy arises was called as a witness by the plaintiff and was asked the single question of whether his endorsement on the check was genuine to which he replied in the negative. The defendant’s counsel was then permitted to cross examine the witness at great length. While the range of cross examination rests largely in the discretion of the court, we think that in this instance it is justly open to the appellant’s criticism that entirely too…
2Cases cited1 opinion
- McNeely Co. v. Bank of North AmericaSupreme Court of Pennsylvania · 1908
3Cited by5 opinions
- Union National Bank v. Franklin National BankSupreme Court of Pennsylvania · 1915
- Lesley v. EwingSupreme Court of Pennsylvania · 1915
- Kane v. Philadelphia Rapid Transit Co.Supreme Court of Pennsylvania · 1915
- Stybr v. WalterSupreme Court of Pennsylvania · 1922
- Zolyan's EstatePennsylvania Orphans' Court, Philadelphia County · 1942