Marshall v. Brick
Superior Court of Pennsylvania
Appeal, No. 168, Oct. T., 1900, by plaintiff, from order of O. P. Chester Co., Oct. T., 1899, No. 34, refusing to take off nonsuit in case of Joseph N. Marshall v. Timothy S. Brick. Assumpsit by indorser against maker on two promissory-notes.
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Appeal, No. 168, Oct. T., 1900, by plaintiff, from order of O. P. Chester Co., Oct. T., 1899, No. 34, refusing to take off nonsuit in case of Joseph N. Marshall v. Timothy S. Brick. Assumpsit by indorser against maker on two promissory-notes. Prom the record it appeared that the two notes sued upon were as follows: “$200. West Chester, Pa., October 1, 1892. “ Thirty days after date I promise to pay to the order pf Joseph N. Marshall two hundred dollars at the Farmers’ National Bank of West Chester, Pa., without defalcation, for value received. “ T. S. Brick.” Indorsed by Joseph N. Marshall…
1Opinion of the Court
Opinion by
Orlady, J.,
T. S. Brick, this defendant, made two notes of $200 each at thirty days, one dated October 1,1892, to the order of Joseph N. Marshall, and the other October 29, 1892, to the order of Davis Pennock, both of which were indorsed by Marshall and Pennock, discounted by the Farmers’ National Bank of West Chester, and the proceeds thereof paid to Davis Pennock, Marshall being an accommodation indorser on both notes.
The notes were not paid at maturity and were duly protested. Soon thereafter the bank, which at the time was the holder of another note made by Brick for $500, took…
2Cases cited5 opinions
- Palmer v. GillespieSupreme Court of Pennsylvania · 1880
- Keener v. Zartman, Pennsylvania Court of Common Pleas, Lancaster County1891
- Foringer v. SissonSuperior Court of Pennsylvania · 1900
- McKinney v. SnyderSupreme Court of Pennsylvania · 1875
- Spangler v. SpanglerSupreme Court of Pennsylvania · 1888
3Cited by1 opinion
- White v. Pittsburgh Vein Coal Co.Supreme Court of Pennsylvania · 1920