Legal Opinion

Hoverter Ex Rel. Fry v. Consedine

Superior Court of Pennsylvania

Decided October 2, 1923No. Appeal, 98PublishedCited by 4 opinions

1Opinion of the Court

Opinion by

Gawthrop, J.,

Defendant appeals from a judgment entered on a directed verdict for plaintiff. The suit was in. assumpsit by the assignee of a promissory note against the maker. The note contained an authorization to confess judgment before maturity. This made it nonnegotiable: National Bank v. Beaver, 25 Pa. Superior Ct. 494. It became the duty of the assignee to give notice of the assignment if he would protect himself against subsequent payments to the assignor. He purchased but an equity and stands in the place of his assignor exposed to the defenses which might be set up against…

2Cases cited4 opinions

  1. Milton National Bank v. BeaverSuperior Court of Pennsylvania · 1904
  2. Rider v. JohnsonSupreme Court of Pennsylvania · 1853
  3. Gaullagher v. CaldwellSupreme Court of Pennsylvania · 1853
  4. Henry v. BrothersSupreme Court of Pennsylvania · 1864

3Cited by4 opinions

  1. First N. Bk. of Bangor v. Bangor Tr. Co.Supreme Court of Pennsylvania · 1929
  2. Bruner Piano Co. v. Madonna, Pennsylvania Court of Common Pleas, Lancaster County1928
  3. Kaszer for Use v. BreyerSuperior Court of Pennsylvania · 1931
  4. Ritter v. Henry, Pennsylvania Court of Common Pleas, Mifflin County1932

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