National Bank v. Lake Erie Asphalt Block Co.
Supreme Court of Pennsylvania
Appeal, No. 96, Oct. T., 1911, by plaintiff, from order of C. P. Lawrence Co., June T., 1906, No. 93, refusing to take off nonsuit in case of The National Bank of Western Pennsylvania v. Lake Erie Asphalt Block Company. Assumpsit on a contract of guaranty of a promissory note. Before Prather, P. J., specially presiding. The facts appear in the opinion of the Supreme Court. The court directed a compulsory nonsuit which it subsequently refused to strike off.
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Appeal, No. 96, Oct. T., 1911, by plaintiff, from order of C. P. Lawrence Co., June T., 1906, No. 93, refusing to take off nonsuit in case of The National Bank of Western Pennsylvania v. Lake Erie Asphalt Block Company. Assumpsit on a contract of guaranty of a promissory note. Before Prather, P. J., specially presiding. The facts appear in the opinion of the Supreme Court. The court directed a compulsory nonsuit which it subsequently refused to strike off. The plaintiff made the following offers: Counsel for plaintiff offers to show by the witness that the paper, exhibit “A” is a note made in…
1Opinion of the Court
Opinion by
Mr. Justice Mestrezat,
This is an action of assumpsit by The National Bank of Western Pennsylvania against The Lake Erie Asphalt Block Company, brought to recover on a contract guaranteeing the payment of a promissory note of $5,000, dated February 10, 1903. The note was made by one C. H. Burchinal and is payable to The National Bank of Western Pennsylvania, the plaintiff in this action. The guarantee is on the back of the note and is alleged to have been signed by the defendant company.
The declaration avers, inter alia, that “on February 10, 1903, C. H. Burchinal borrowed from The…
2Cited by12 opinions
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- McDonough v. Munhall BoroughSupreme Court of Pennsylvania · 1938
- Anflick v. GruhlerSupreme Court of Pennsylvania · 1946
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