Morris v. First National Bank
Supreme Court of Pennsylvania
Appeal, No. 7, Oct. T., 1901, by plaintiffs, from order of C. P. No. 2, Allegheny Co., Jan. T., 1892, No. 282, refusing to take off nonsuit in case of Nelson Morris & Company v. First National Bank of Allegheny. Assumpsit to recover damages for loss sustained by reason of the failure of defendant to give prompt notice of the nonpayment of a draft.
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Appeal, No. 7, Oct. T., 1901, by plaintiffs, from order of C. P. No. 2, Allegheny Co., Jan. T., 1892, No. 282, refusing to take off nonsuit in case of Nelson Morris & Company v. First National Bank of Allegheny. Assumpsit to recover damages for loss sustained by reason of the failure of defendant to give prompt notice of the nonpayment of a draft. Before Shafer, J. At the trial it appeared that on October 1, 1891, the defendant received for collection a draft which was in the following words: “ No protest. Telegraph day message if not paid. Detach before presenting. “Nelson Morris & Co., “…
1Opinion of the Court
Opinion by
Mb. Justice Mitchell,
The learned judge below directed a nonsuit on two grounds, the first of which was that the plaintiffs did not appear to have been the owners of the draft at the time of the cause of action sued for, or at any time subsequent. The draft was drawn by plaintiffs, Nelson Morris & Company, to the order of Nelson Morris, was indorsed by him individually “ for deposit ” in the Chicago bank, and on its return unpaid was charged back to his account, as appeared by memorandum on its face. There was no further evidence as to the ownership except the answer of one witness…
2Cases cited4 opinions
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