Reber v. Schitler
Supreme Court of Pennsylvania
APPEAL BY DEPENDANT PROM THE COURT OP COMMON PLEAS OP BERKS COUNTY. January Term 1891, Sup. Gt.; court below, No. 14 June Term 1889, C. P. On May 10, 1889, C. D. Reber brought assumpsit against Hiram Schitler. Plea, non-assumpsit. At the trial on May 14,1890, the plaintiff proved and put in evidence a bank check dated October 8,1888, for $355, drawn bjr Hiram Schitler to the order of C. D. Reber.
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APPEAL BY DEPENDANT PROM THE COURT OP COMMON PLEAS OP BERKS COUNTY. January Term 1891, Sup. Gt.; court below, No. 14 June Term 1889, C. P. On May 10, 1889, C. D. Reber brought assumpsit against Hiram Schitler. Plea, non-assumpsit. At the trial on May 14,1890, the plaintiff proved and put in evidence a bank check dated October 8,1888, for $355, drawn bjr Hiram Schitler to the order of C. D. Reber. It being admitted that, on demand made, payment of the check by the bank was refused, the plaintiff rested. The defendant then testified, in his own behalf, that on the evening of the date of the…
1Opinion of the Court
Opinion,
Me. Justice Williams:
This was an action by the payee of a check against the maker. The defendant denied that the check was given by him for his own debt, and asserted that it was given, at the instance of the payee, for a debt alleged to be due him from one Briel, when in fact no such debt was due him.
The facts disclosed by the evidence ■ are that Briel was a dealer in horses from Brooklyn, N. Y., buying stock for shipment to his place of business. Reber lived a few miles from Reading, and had horses for sale. The defendant had a stable at Reading, at which Briel collected his…
2Cited by5 opinions
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