Legal Opinion

R. Patrick & Co. v. Smith

Supreme Court of Pennsylvania

Decided January 7, 1895No. Appeal, No. 199PublishedCited by 23 opinions

Appeal, No. 199, Oct. T., 1894, by defendant, from judgment of C. P. No. 1, Allegheny Co., March T., 1890, No. 30, on verdict for plaintiff. Assumpsit on promissory note. The facts appear by the opinion of the Supreme .Court. Error assigned was binding instruction for the plaintiff, quoting it.

1Opinion of the Court

Opinion by

Mb. Justice Dean,

The defendant is the wife of Edward A. Smith. The husband, in August, 1888, presented to plaintiffs, bankers, of the city of Pittsburg, a draft in sum of $1,700, indorsed by himself, in which his wife had no interest, for discount. Plaintiffs declined to discount it without an indorser. Smith offered to get his wife to indorse; plaintiffs agreed to accept it with her indorsement, if she would draw a check for the proceeds; to this the husband assented, took the paper to his home, and at his request, the wife indorsed it; then drew a check on Patrick & Company for…

2Cases cited1 opinion

  1. Real Estate Inv. Co. v. RoopSupreme Court of Pennsylvania · 1890

3Cited by23 opinions

  1. Herr v. ReinoehlSupreme Court of Pennsylvania · 1904
  2. Sibley v. RobertsonSupreme Court of Pennsylvania · 1905
  3. Newhall v. ArnettSupreme Court of Pennsylvania · 1924
  4. Bank v. PooreSupreme Court of Pennsylvania · 1911
  5. Kuhn v. OgilvieSupreme Court of Pennsylvania · 1896

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