Klein v. Levenson
Superior Court of Pennsylvania
Appeal, No. 52, April T., 1912, by plaintiff, from judgment of C. P. No. 3, Allegheny Co., Aug. T., 1905, No. 352, on verdict for defendant in case of Adolph Klein v. J. Levenson. Assumpsit by an indorsee against an indorser of a promissory note.
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Appeal, No. 52, April T., 1912, by plaintiff, from judgment of C. P. No. 3, Allegheny Co., Aug. T., 1905, No. 352, on verdict for defendant in case of Adolph Klein v. J. Levenson. Assumpsit by an indorsee against an indorser of a promissory note. Before Evans, J. The note was as follows: “Pittsburg,- November 7, 1904. Three months after date we promise to pay to the order of M. Glukoff One Thousand Dollars, at 2813 Penn Avenue, Pittsburg, Pa., without defalcation, for value received. (Signed) Glukoff Company, M. Glukoff, President.” “Indorsement: M. Glukoff, J. Levenson, Adolph Klein.” The…
1Opinion of the Court
Opinion by
Rice, P. J.,
This was an action of assumpsit by an indorsee against an indorser of a promissory note. The defense set up on the trial, and established to the satisfaction of the jury, was that the defendant became accommodation indorser at the request of the plaintiff, in order to enable the latter to have the note discounted at bank, and upon the faith of the latter’s promise that he would not hold the defendant liable on his indorsement. The validity of such a defense is not questioned, but it is argued that it was not available in this case because there was a variance between it…
2Cases cited6 opinions
- McDyer v. Eastern Pennsylvania Railways Co.Supreme Court of Pennsylvania · 1910
- Yeager & German v. WeaverSupreme Court of Pennsylvania · 1870
- Ashton v. SprouleSupreme Court of Pennsylvania · 1860
- Brown v. KolbSuperior Court of Pennsylvania · 1898
- Carter v. Henderson & Co.Supreme Court of Pennsylvania · 1909
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