Cracowaner v. Carlton National Bank

This is an action in special assumpsit upon a promissory note under seal alleged to have been executed by the defendants below, Cracowaner and Weber, payable to E. M. Winemiller, or order, and by said payee endorsed and negotiated in due course to the plaintiff below, Carlton National Bank.

The declaration is in the usual form in assumpsit upon a promissory note. It is not susceptible of construction as a declaration either in debt or covenant. The note sued on is in the conventional form, but to the right of the signature of each of the makers appears the word “ (Seal).”

The first- question…