Johnson v. Hernig
Superior Court of Pennsylvania
Appeal, No. 257, Oct. T., 1911, by plaintiff, from judgment of C. P. No. 2, Phila. Co., June T., 1909, No. 1,220, on verdict for defendant in case of Joshua M. Johnson v. Peter Hernig. Assumpsit upon a check for $500, and also °for $600, alleged to have been paid defendant under a mistake. Before Barratt, J. The facts are stated in the opinion of the Superior Court. See also Hernig v. Johnson, 52 Pa.
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Appeal, No. 257, Oct. T., 1911, by plaintiff, from judgment of C. P. No. 2, Phila. Co., June T., 1909, No. 1,220, on verdict for defendant in case of Joshua M. Johnson v. Peter Hernig. Assumpsit upon a check for $500, and also °for $600, alleged to have been paid defendant under a mistake. Before Barratt, J. The facts are stated in the opinion of the Superior Court. See also Hernig v. Johnson, 52 Pa. Superior Ct. 255. ' Plaintiff presented, amongst others, the following points: 2. If Johnson the plaintiff paid the $600 under a mistake as to his liability as an indorser on the check of the…
1Opinion of the Court
Opinion by
Rice, P. J.,
The plaintiff’s demand in this action of assumpsit was based on two separate and distinct transactions, one involving the sum of $500, and the other $600. As to the first, the plaintiff testified that one Edward B. Carr brought to him a check for $500, drawn by the defendant to the order of “Cash”; that plaintiff gave Carr the amount and deposited the check in bank; and that the check was subsequently returned to him unpaid, payment having been stopped by the maker. He testified that he cashed the check for the accommodation of Carr, that he had no relation with the…
2Cases cited6 opinions
- Second National Bank v. HoffmanSupreme Court of Pennsylvania · 1911
- Natcher v. NatcherSupreme Court of Pennsylvania · 1864
- Cahill v. Philadelphia Rapid Transit Co.Superior Court of Pennsylvania · 1913
- Bobst v. GringSuperior Court of Pennsylvania · 1907
- Bomgardner v. BlattSuperior Court of Pennsylvania · 1908
1 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Kennedy's EstateSupreme Court of Pennsylvania · 1935
- McClure v. Greene County, Pennsylvania Court of Common Pleas, Greene County1928