Battles & Webster v. Laudenslager
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of Lycoming county : Of May Term 1877,' No. 119. _ ‘ _ Assumpsit by Battles & Webster, against George Laudenslager on the following promissory note:— “ $238.40. Town of Jackson, county of Lycoming, State of Penn’a, October 19th 1871. Six months after,date I promise to pay to the order of D. C. Sullivan two-hundred and thirty-eight and 40-100 dollars for value received, without defalcation or stay of execution. Payable at my house.
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Error to the Court of Common Pleas of Lycoming county : Of May Term 1877,' No. 119. _ ‘ _ Assumpsit by Battles & Webster, against George Laudenslager on the following promissory note:— “ $238.40. Town of Jackson, county of Lycoming, State of Penn’a, October 19th 1871. Six months after,date I promise to pay to the order of D. C. Sullivan two-hundred and thirty-eight and 40-100 dollars for value received, without defalcation or stay of execution. Payable at my house. George Laudenslager.” Endorsed, “D. O. Sullivan.” The plaintiffs were bankers doing business in Girard, Pennsylvania, and the…
1Opinion of the CourtJustice Sterrett
It may be assumed that the signature of the defendant, as maker of the note in suit, was fraudulently obtained by the payee. This fact was clearly shown and has been impliedly found by the jury. The testimony was also clear and uncontradicted that the plaintiffs became the holders of the note for value before maturity. The only question of fact upon which the defence hinged, was whether they were bona fide holders, without notice of the fraud practised by Sullivan the payee. This question was submitted to the jury and passed upon by them adversely to the plaintiffs. The substance of their…
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