First National Bank v. Gerli
Supreme Court of Pennsylvania
Appeal, No. 83, Jan. T., 1909, by defendant, from judgment of C. P. Columbia Co., Doc. T., 1908, No. 34, on verdict for plaintiff in case of The First National Bank of Bloomsburg v. Emanuel Gerli, Administrator C. T. A. of the Estate of Guiseppe Ratti, deceased. Assumpsit on a promissory note.
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Appeal, No. 83, Jan. T., 1909, by defendant, from judgment of C. P. Columbia Co., Doc. T., 1908, No. 34, on verdict for plaintiff in case of The First National Bank of Bloomsburg v. Emanuel Gerli, Administrator C. T. A. of the Estate of Guiseppe Ratti, deceased. Assumpsit on a promissory note. Before Evans, P. J. The note was as follows: “Bloomsburg, Pa., Aug. 7, 1906. “No. 7,531. “Four months after date I promise to pay to the order of Joseph Ratti, $5,000, five thousand dollars, at the First National Bank of Bloomsburg, Pa. Due December 7, 1906. Without defalcation, for value received.…
1Opinion of the Court
Opinion by
Mr. Justice Brown,
Plaintiff’s right to recover depends upon the testimony of *260E. F. Carpenter, and on this appeal the controlling question is his competency to testify to the facts about to be stated. He and Ratti, for some time prior to the latter’s death in-. October, 1906, had been friends and associates in business. In the spring of that year, as Ratti was about to start on a trip to Italy, he endorsed the note in suit for the benefit of Carpenter, the maker, who was then the cashier of the bank. When Ratti delivered the note to Carpenter the date in it was left blank, to be…
2Cases cited2 opinions
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