Weitz v. Banfield
Supreme Court of Pennsylvania
Appeal, No. 185, Oct. T., 1909, by defendant, from judgment of C. P. Beaver Co., June T., 1907, No. 159, on verdict for plaintiff in case of Edward E. Weitz, now William Goldberg, v. William Banfield. Assumpsit on promissory notes. Before Inghram, P. J., specially presiding. Verdict and judgment for plaintiff for $5,195.70. Defendant appealed. Errors assigned were in refusing new trial and in failing to call the jury's attention to certain admissions of plaintiff.
1Opinion of the Court
Opinion by
Mr. Justice Stewart,
The suit was against the defendant as indorser of two promissory notes, each for $3,000, drawn by the West Penn *242Foundry & Machine Company and R. W. Davies, payable to the order of the plaintiff, Goldberg, and indorsed before delivery by the defendant and another. The notes passed to the plaintiff in the course of a settlement between Davies, representing the Penn Foundry & Machine Company, of which he was president, and the defendant, to whom the company was indebted on various accounts. Whether plaintiff was entitled to recover turned on a single and simple fact…
2Cases cited2 opinions
- Kauffman v. GriesemerSupreme Court of Pennsylvania · 1856
- Fox v. FoxSupreme Court of Pennsylvania · 1880
3Cited by6 opinions
- Tate-Jones & Co. v. Union Electric Steel Co.Supreme Court of Pennsylvania · 1924
- Walker v. WalkerSupreme Court of Pennsylvania · 1916
- Shade v. LlewellynSupreme Court of Pennsylvania · 1915
- Nicholson v. FeagleySupreme Court of Pennsylvania · 1940
- Baker v. BloomSuperior Court of Pennsylvania · 1927
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