Putnam v. Ensign Oil Co.
Supreme Court of Pennsylvania
Appeal, No. 116, Oct. T., 1921, by plaintiff, from judgment of C. P. Allegheny Co., April T., 1920, No. 1376, on verdict for defendant, in case of S. H. Putnam v. Ensign Oil Company. Assumpsit on promissory notes.
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Appeal, No. 116, Oct. T., 1921, by plaintiff, from judgment of C. P. Allegheny Co., April T., 1920, No. 1376, on verdict for defendant, in case of S. H. Putnam v. Ensign Oil Company. Assumpsit on promissory notes. Before Carnahan, J. From the record it appeared that suit was brought to recover on two promissory notes, one of them dated March 11, 1914, to the order of the High Grade Oil Refining Company of New York, for $2,000, payable at the Dominion Trust Company, Pittsburgh, and signed “Ensign Oil Company, incorporated, William H. Roberts, treasurer, E. E. Arrowsmith, secretary.” The other…
1Opinion of the Court
Opinion by
Mr. Justice Kephart,
Plaintiff’s statement avers the notes in suit were endorsed and delivered to the Dominion Trust Company before maturity and he is the holder thereof. The execution of the notes and endorsements by intervening en*305dorsees having been proved, they were received in evidence. Plaintiff then rested his case against the maker of the note. Appellee contends there should have been an averment that the Dominion Trust Company, plaintiff’s transferor, took the notes in good faith, for value, or that it was a holder thereof in due course, and plaintiff should prove this on the…
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