Lesley v. Ewing
Supreme Court of Pennsylvania
Appeal, No. 326, Jan. T., 1914, by plaintiff, from judgment of C. P. No. 5, Philadelphia Co., March T., 1912, No. 6200, n. o. v., in case of Hugh Lesley v. J. Hunter Ewing, Thomas L. Elwyn, and William E. Whelen, who were with Henry Whelen and Charles C. Whelen, late trading as Townsend, Whelen & Company. Affirmed. Assumpsit to recover amount paid on forged endorsement of check.
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Appeal, No. 326, Jan. T., 1914, by plaintiff, from judgment of C. P. No. 5, Philadelphia Co., March T., 1912, No. 6200, n. o. v., in case of Hugh Lesley v. J. Hunter Ewing, Thomas L. Elwyn, and William E. Whelen, who were with Henry Whelen and Charles C. Whelen, late trading as Townsend, Whelen & Company. Affirmed. Assumpsit to recover amount paid on forged endorsement of check. Before Ralston, J. The facts appear in Lesley v. Ewing, 244 Pa. 480, and in the opinion of the Supreme Court. Verdict for plaintiff. The court subsequently granted defendant’s motion for judgment n. o. v. Plaintiff…
1Opinion of the Court
Opinion by
Mr. Justice Elkin,
When this case was here before the judgment was reversed with a venire upon the sole ground that too much latitude was allowed in the cross-examination of a certain witness: Lesley v. Ewing, 244 Pa. 480. No other *137question was considered by this court for the reasons stated in that opinion, and there was not the slightest indication that the case should be treated otherwise than de novo upon its merits when retried. The fact that the judgment was reversed with a venire facias de novo did not necessarily mean that the case must be.submitted to the jury without regard…
2Cases cited3 opinions
- McNeely Co. v. Bank of North AmericaSupreme Court of Pennsylvania · 1908
- Connors v. Old Forge Discount & Deposit BankSupreme Court of Pennsylvania · 1914
- Lesley v. EwingSupreme Court of Pennsylvania · 1914
3Cited by9 opinions
- Commonwealth v. Globe Indemnity CompanySupreme Court of Pennsylvania · 1936
- Marks v. Anchor Savings BankSupreme Court of Pennsylvania · 1916
- Union National Bank v. Franklin National BankSupreme Court of Pennsylvania · 1915
- Johnson v. First National BankSupreme Court of Pennsylvania · 1951
- Knights of Joseph Building & Loan Ass'n v. Guarantee Trust & Safe Deposit Co.Superior Court of Pennsylvania · 1918
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