Marshall v. Sonneman
Supreme Court of Pennsylvania
Appeal, No. 150, Jan. T., 1906, by defendant, from judgment of C. P. York Co., Jan. T., 1905, No. 27, on verdict for plaintiff in case of L. A. Marshall v. August Sonneman. Assumpsit on a promissory note. Before Bitteng-er, P. J. At the trial it appeared that the note in suit was as follows : “•$4000 York, Pa., Nov. 2,1903 “ One hundred twenty days after date I promise to pay to the order of A. Sonneman at L. A. Marshall & Co., Bankers, York, Penna.
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Appeal, No. 150, Jan. T., 1906, by defendant, from judgment of C. P. York Co., Jan. T., 1905, No. 27, on verdict for plaintiff in case of L. A. Marshall v. August Sonneman. Assumpsit on a promissory note. Before Bitteng-er, P. J. At the trial it appeared that the note in suit was as follows : “•$4000 York, Pa., Nov. 2,1903 “ One hundred twenty days after date I promise to pay to the order of A. Sonneman at L. A. Marshall & Co., Bankers, York, Penna. Four thousand Dollars without defalcation for value received, waiving the benefit of the Exemption and Stay laws. “No. Post Office “ Due March…
1Opinion of the Court
Opinion by
Mb,. Justice Mestrezat,
This is an action by an inddrsee against an indorser to recover the balance due on a promissory note. One of the defenses interposed at the trial was an alleged failure to give the defendant notice of the dishonor of the note. The. plaintiff proved the execution of the note by the maker and introduced testimony to show that the defendant had indorsed it. A notary public was .then called and he testified that he liad protested the note at maturity for nonpayment and that on the same day he had delivered notices of protest personally to both the plaintiff and…
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