Hannon v. Allegheny Bellevue Land Co.
Superior Court of Pennsylvania
Appeal, No. 61, April T., 1910, by defendant, from judgment of C. P. No. 3, Allegheny Co., May T., 1906, No. 341, on verdict for plaintiff in case of Mary Y. Hannon v. The Allegheny Bellevue Land Company. Assumpsit against the indorser on a check. Before Evans, J. The facts are stated in the opinion of the Superior Court.
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Appeal, No. 61, April T., 1910, by defendant, from judgment of C. P. No. 3, Allegheny Co., May T., 1906, No. 341, on verdict for plaintiff in case of Mary Y. Hannon v. The Allegheny Bellevue Land Company. Assumpsit against the indorser on a check. Before Evans, J. The facts are stated in the opinion of the Superior Court. Defendant presented, inter alia, the following points: 3. In view of the circumstances of the transaction, proven without contradiction, the delay of defendant in depositing the check for $607 was reasonable, and the liability of plaintiff as indorser thereof is not…
1Opinion of the Court
Opinion by
Head, J.,
By the operation of our defalcation act the single record before us really embraces two separate and distinct causes of action. ,It is conceded that the plaintiff had entered into a written agreement with the defendant for the purchase of a lot of ground and had paid a part of the purchase price prior to the transaction out of which this litigation arises. By the terms of her contract, upon the payment of the balance of the purchase price she was entitled to receive a deed for her lot. On October 16, 1905, she went to the defendant’s office to pay this balance, which the…
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