Zollner v. Moffitt
Supreme Court of Pennsylvania
Appeal, No. 83, Oct. T., 1908, by plaintiff, from judgment of C. P. Washington Co., Feb. T., 1907, No. 60, on verdict for defendant in case of B. A. Zollner v. John H. Moffitt. Assumpsit against an indorser upon a promissory note. Before McIlvaine, P. J. At the trial the defendant alleged that he had received no notice of the dishonor of the note.
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Appeal, No. 83, Oct. T., 1908, by plaintiff, from judgment of C. P. Washington Co., Feb. T., 1907, No. 60, on verdict for defendant in case of B. A. Zollner v. John H. Moffitt. Assumpsit against an indorser upon a promissory note. Before McIlvaine, P. J. At the trial the defendant alleged that he had received no notice of the dishonor of the note. The court charged in part as follows: Now, the defendant on the other hand denies that he ever made any admission of that kind, and he also swears positively that he never received any notice, and he also states certain facts in regard to where he…
1Opinion of the Court
Opinion by
Mr. Justice Mestrezat,
This is an action of assumpsit by the holder against the indorser of a promissory note. William C. Fishburn made a promissory note, dated November 1, 1905, for $2,000, payable one year after date at the First National Bank of Charleroi, Pa., to the order of John H. Moffitt, the defendant. The note was indorsed and delivered to Zollner, the plaintiff. It was not paid at maturity, and on November 1, 1906, it was presented at the First National Bank of Charleroi for payment which was refused. This action was then brought by Zollner against Moffitt, the indorser.
At…
2Cases cited5 opinions
- Jensen v. McCorkellSupreme Court of Pennsylvania · 1898
- Sherer v. Easton BankSupreme Court of Pennsylvania · 1859
- Marshall v. SonnemanSupreme Court of Pennsylvania · 1906
- M'Gee v. Northumberland BankSupreme Court of Pennsylvania · 1836
- Jenks v. Doylestown BankSupreme Court of Pennsylvania · 1842
3Cited by12 opinions
- Commonwealth v. AnticoSuperior Court of Pennsylvania · 1941
- First National Bank v. DeloneSupreme Court of Pennsylvania · 1916
- Bell SEC. of Banking v. AndersonSuperior Court of Pennsylvania · 1940
- Harr, Secty. of Banking v. EdsallSuperior Court of Pennsylvania · 1935
- Commonwealth v. SnyderSuperior Court of Pennsylvania · 1936
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