Legal Opinion

Loeb v. Mellinger

Superior Court of Pennsylvania

Decided February 16, 1900No. Appeal, No. 252PublishedCited by 6 opinions

Appeal, No. 252, Oct. T., 1899, by defendants, from judgment of O. P. Lancaster Co., Oct. T., 1896, No. 64, on verdict for plaintiff. Assumpsit. Before Livingston, P. J. It appears from the record, that the action was brought on a promissory note of H. L. Mellinger & Company for $285 to the order of Joseph Herzog, which was duly protested. At the trial it appeared from the evidence that plaintiff offered the note in evidence and rested.

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Appeal, No. 252, Oct. T., 1899, by defendants, from judgment of O. P. Lancaster Co., Oct. T., 1896, No. 64, on verdict for plaintiff. Assumpsit. Before Livingston, P. J. It appears from the record, that the action was brought on a promissory note of H. L. Mellinger & Company for $285 to the order of Joseph Herzog, which was duly protested. At the trial it appeared from the evidence that plaintiff offered the note in evidence and rested. The trial judge rejected the following questions which counsel for the defense asked H. L. Mellinger: [Witness was asked whether the note was signed by him…

1Opinion of the Court

Opinion by

Rice, P. J.,

This was a suit brought by the holder of a negotiable promissory note purporting to have been made by H. L. Mellinger and Company to the order of Joseph Herzog and indorsed by him. The plaintiff offered the note in evidence and rested. The defendant, Mary A. Miley, then made offers to prove that she *596was a married woman, that the note was given by her partner, Mellinger, without her consent or knowledge, that it was not given in any partnership transaction, nor for any debt contracted on account of her separate estate, nor for necessaries, and that it was simply an…

2Cases cited8 opinions

  1. Maynes v. AtwaterSupreme Court of Pennsylvania · 1879
  2. Knight v. PughSupreme Court of Pennsylvania · 1842
  3. Lerch Hardware Co. v. First National BankSupreme Court of Pennsylvania · 1885
  4. Real Estate Investment Co. v. RusselSupreme Court of Pennsylvania · 1892
  5. Haldeman & Grubb v. Bank of MiddletownSupreme Court of Pennsylvania · 1857

3 more not listed; retrieve them via the Exa API.

3Cited by6 opinions

  1. Northampton Brewery Corp. v. LandeSuperior Court of Pennsylvania · 1939
  2. Kelton v. FiferSuperior Court of Pennsylvania · 1904
  3. Magee v. Pennsylvania Schuylkill Valley RailroadSuperior Court of Pennsylvania · 1900
  4. Pessano v. EyreSuperior Court of Pennsylvania · 1900
  5. Northampton Brewery Corp. v. LandeSuperior Court of Pennsylvania · 1939

1 more not listed; retrieve them via the Exa API.

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