Roth v. Reiter
Supreme Court of Pennsylvania
Appeal, No. 93, Oct. T., 1905, by defendant, from judgment of O. P. No. 3, Allegheny Co., Feb. T., 1903, No. 449, on' verdict for plaintiff in case of Jacob Roth v. Henry Reiter. Assumpsit on promissory notes. Before McCltjng, J. The opinion of the Supreme Court states the case. Verdict and judgment for plaintiff for $5,945.09. Defendant appealed. JError assigned was in giving binding instructions for plaintiff.
1Opinion of the Court
Opinion by
Mr. Justice Elkin,
This is an action of assumpsit to recover upon two notes held by the plaintiff upon which the defendant is an accommodation indorser. The notes not having been paid at maturity by the maker, they were protested in due form and this suit was instituted to enforce collection from the indorser. The defense set up is that the notes were given in consideration of the purchase price of plaintiff’s interest in partnership property, and that before the maturity of said notes the plaintiff entered the partnership premises and forcibly took possession of the business and…
2Cases cited1 opinion
- Conmey v. MacfarlaneSupreme Court of Pennsylvania · 1881
3Cited by7 opinions
- Rohrbach v. Travelers Indemnity Co.Supreme Court of Pennsylvania · 1923
- Anderson Equipment Co. v. FindleySupreme Court of Pennsylvania · 1944
- Bratspis v. KaplanSuperior Court of Pennsylvania · 1923
- Brown v. SyostekPennylvania Municipal Court, Philadelphia County · 1922
- Frey v. Lehigh Valley Shoe Co., Pennsylvania Court of Common Pleas, Lehigh County1924
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