Swank v. Kaufman
Supreme Court of Pennsylvania
Appeal, No. 67, Oct. T., 1916, by plaintiff, from judgment of O. P. Somerset Co., Feb. T., 1912, No. 206, for defendant n. o. v., in case of Josiah Swank, Cashier of the Farmers’ National Bank of Somerset, Pa., v. John N. Kaufman, Stephen Gindlesperger and John M. Sala. Assumpsit on a promissory note signed by John N. Kaufman and defendants as sureties. The opinion of the Supreme Court states the facts.
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Appeal, No. 67, Oct. T., 1916, by plaintiff, from judgment of O. P. Somerset Co., Feb. T., 1912, No. 206, for defendant n. o. v., in case of Josiah Swank, Cashier of the Farmers’ National Bank of Somerset, Pa., v. John N. Kaufman, Stephen Gindlesperger and John M. Sala. Assumpsit on a promissory note signed by John N. Kaufman and defendants as sureties. The opinion of the Supreme Court states the facts. The jury disagreed and the court entered judgment for defendants n. o. v. under the Act of April 20,1911, P. L. 70. Plaintiff appealed. Error assigned was the judgment of the court.
1Opinion of the Court
Opinion by
Mr. Chief Justice Brown,
John N. Kaufman applied to the Farmers’ National Bank of Somerset, Pa., for a loan of $4,000. He was told by the cashier that it would be made if the application for it would be approved by the bank’s financial committee. The application was approved, and a day or two later the cashier mailed to Kaufman, at Davids-ville — some twenty miles from Somerset — a judgment note for $4,000, payable one year after date, and on. it were two printed seals and one written by the cashier, the understanding between him and Kaufman being that there were to be two sureties…
2Cases cited6 opinions
- Homer v. WallisMassachusetts Supreme Judicial Court · 1814
- Fisher v. KingSupreme Court of Pennsylvania · 1893
- Moore v. Lessee of BickhamSupreme Court of Pennsylvania · 1811
- Neff v. HornerSupreme Court of Pennsylvania · 1870
- Foust v. RennoSupreme Court of Pennsylvania · 1848
1 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Barnard v. KellSupreme Court of Pennsylvania · 1921
- Cook v. ParksCourt of Appeals of Georgia · 1933
- Loftus v. Miners Nat. BankSupreme Court of Pennsylvania · 1932
- Cohen v. JohnsonDistrict Court, M.D. Pennsylvania · 1950
- Newman v. CoverSupreme Court of Pennsylvania · 1930