Ripka v. Pope

The judgment of the court was pronounced by

Slidell, J.

This action is brought on three promissory notes, made in Pennsylvania. The defendants are the makers, and the plaintiff is payee. In one of them no place of payment is designated; in the two others is the expression, “ payable at the Philadelphia Bank.” No averment was made in the-petition, nor was it proved at the trial, that the two latter notes were presented at any time, at the Philadelphia Bank, nor to the makers any where before suit. The district judge gave judgment for the first note; but directed a non-suit as to the other two,…