Tibby Bros. Glass Co. v. Farmers & Mechanics Bank
Supreme Court of Pennsylvania
Appeal, No. 199, Oot. T., 1907, by-plaintiff, from judgment of O. P. Ho. 3, Allegheny Co., May Term, 1905, Ho. 827, for defendant non obstante veredicto in case of Tibby Brothers Glass Company v. Farmers & Mechanics Bank of Sharpsburg, Pa. Assumpsit to recover for moneys had and received for plaintiff’s use. The facts are stated in the opinion of the Supreme Court. Yerdict for plaintiff for $5,618.51. On motion judgment was entered for defendant non obstante veredicto.
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Appeal, No. 199, Oot. T., 1907, by-plaintiff, from judgment of O. P. Ho. 3, Allegheny Co., May Term, 1905, Ho. 827, for defendant non obstante veredicto in case of Tibby Brothers Glass Company v. Farmers & Mechanics Bank of Sharpsburg, Pa. Assumpsit to recover for moneys had and received for plaintiff’s use. The facts are stated in the opinion of the Supreme Court. Yerdict for plaintiff for $5,618.51. On motion judgment was entered for defendant non obstante veredicto. Error assigned was in entering judgment for defendant non obstante veredicto.
1Opinion of the Court
Opinion by
Mr. Justice Mestrezat,
The material facts in this case are admitted or established by the verdict of the jury, and, therefore, not in dispute.
The plaintiff company is engaged in the manufacture and sale of glassware in the borough of Sharpsburg, Pa., and the Farmers & Mechanics Bank, the defendant, is located and does a banking business in that borough. For some time prior to November 25, 1902, the plaintiff kept an account with the defendant, and in making a deposit of a check used a rubber stamp for indorsing it, the indorsement by the stamp being in the following form: “ Pay to…
2Cases cited2 opinions
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