Smith v. National Bank
Superior Court of Pennsylvania
Appeal, No. 52, Oct. T., 1914, by defendant, from judgment of C. P. Bradford Co., Sept. T., 1911, No. 59, on verdict for plaintiff in case of F. E. Smith et al., trading as Smith, Miller & Wright, v. National Bank of Sayre. Assumpsit to recover $600, voluntarily paid by the plaintiffs to the defendant on account of a promissory note signed by the plaintiffs. Before Maxwell, P. J. The facts appear by the former report of the case in 53 Pa.
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Appeal, No. 52, Oct. T., 1914, by defendant, from judgment of C. P. Bradford Co., Sept. T., 1911, No. 59, on verdict for plaintiff in case of F. E. Smith et al., trading as Smith, Miller & Wright, v. National Bank of Sayre. Assumpsit to recover $600, voluntarily paid by the plaintiffs to the defendant on account of a promissory note signed by the plaintiffs. Before Maxwell, P. J. The facts appear by the former report of the case in 53 Pa. Superior Ct. 368. Verdict and judgment for plaintiff for $742.25-. Defendant appealed. Errors assigned were various rulings and instructions.
1Opinion of the Court
Opinion by
Head, J.,
When we formerly sent this case back to be retried, Smith v. Natl. Bank of Sayre, 53 Pa. Superior Ct. 368, we pointed out that there were two controlling questions to be determined under the evidence.(1) It was of vital importance to the plaintiffs to show the real contract into which they had entered. It is agreed their contract was in writing.' The note, however, on which the defendant bank relies was not, under the evidence, the whole of the written contract. At the same time the note was made, another paper was executed which was then attached to the note and was just…
2Cases cited3 opinions
- Commercial National Bank v. HenningerSupreme Court of Pennsylvania · 1884
- Miller v. FrySuperior Court of Pennsylvania · 1914
- Smith v. National Bank of SayreSuperior Court of Pennsylvania · 1913