Legal Opinion

Wiltbank v. Tobler

Supreme Court of Pennsylvania

Decided April 26, 1897No. Appeal, No. 59PublishedCited by 6 opinions

Appeal, No. 59, Jan. T., 1897, by defendant, Cornelia Y. Tobler, from judgment of C. P. No. 3, Phila. Co., Sept. T., 1894, No. 826, on verdict for plaintiff. Assumpsit on a promissory note. Before McMichael, J. The material part of the testimony appears from tbe charge of the court below. The facts appear by the opinion of the Supreme Court.

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Appeal, No. 59, Jan. T., 1897, by defendant, Cornelia Y. Tobler, from judgment of C. P. No. 3, Phila. Co., Sept. T., 1894, No. 826, on verdict for plaintiff. Assumpsit on a promissory note. Before McMichael, J. The material part of the testimony appears from tbe charge of the court below. The facts appear by the opinion of the Supreme Court. The court charged in part as follows: In the suit we have before us, Wiltbank, executor, sues George Tobler and Cornelia Tobler on their joint promissory note. There is no defense as to George Tobler, and as to him, the verdict should be for the…

1Opinion of the Court

Opinion by

Mb,. Justice Gbeen,

It is beyond all question that the consideration for which the first of the large notes was given, the one of May 24, 1893, for $2,600, was the several notes of the appellant’s husband given at different dates prior to that time. Mrs. Tobler indorsed two of them, but on the others her name did not appear. These four due bills and two notes were aggregated into one new note for $2,600 at four months, dated May 24, 1893. When that fell due two new notes were given, one for $2,348 and the other for $252, dated September 27, 1893, and at their maturity, on January 27,…

2Cases cited7 opinions

  1. R. Patrick & Co. v. SmithSupreme Court of Pennsylvania · 1895
  2. Spotts' EstateSupreme Court of Pennsylvania · 1893
  3. Brunner's AppealSupreme Court of Pennsylvania · 1864
  4. Sellers v. HeinbaughSupreme Court of Pennsylvania · 1887
  5. Schlosser's AppealSupreme Court of Pennsylvania · 1868

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3Cited by6 opinions

  1. Sibley v. RobertsonSupreme Court of Pennsylvania · 1905
  2. Peter Adams Paper Co. v. CassardSupreme Court of Pennsylvania · 1903
  3. Kemper v. RichardsonSuperior Court of Pennsylvania · 1919
  4. Henry v. BigleySuperior Court of Pennsylvania · 1897
  5. Delaney v. Nanticoke National BankSupreme Court of Pennsylvania · 1934

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