Commercial National Bank v. Henninger
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of Berks county: Of January Term, 1884, No. 34. Assumpsit, by the Commercial National Bank of Reading, Pa., against Charles Henninger, upon two promissory notes, payable at said bank, made by B. F. Young to the order of the defendant, and by him indorsed. B. F. Young was the cashier of the bank plaintiff, which had discounted the notes.
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Error to the Court of Common Pleas of Berks county: Of January Term, 1884, No. 34. Assumpsit, by the Commercial National Bank of Reading, Pa., against Charles Henninger, upon two promissory notes, payable at said bank, made by B. F. Young to the order of the defendant, and by him indorsed. B. F. Young was the cashier of the bank plaintiff, which had discounted the notes. Upon the trial, before Hagenman, P. J., the following facts appeared: Charles Henninger, the defendant, sold to B. F. Young certain shares of stock in the Pennsylvania Graphite Mining Co., and received therefor his three…
1Opinion of the CourtJustice Paxsox
The fourth and eighth assignments raise the prominent questions of this case. The fourth alleges error in admitting in evidence the account of Mr. Young with the bank on February 28, 1882, for the purpose of showing that there were funds on deposit to his credit sufficient to have paid the notes in controversy; while the eighth alleges the court erred in instructing the jury in answer to the plaintiff’s first point: “ That if Mr. Young had a deposit in bank sufficient to pay these notes on the day they became due, and there were no circumstances shown in the case that would forbid the bank…
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