Musser v. W.L. Fehr

Opinion by

Linn, J.,

This appeal is from the refusal to take off a compulsory non-suit in an action by the holder against the maker of a negotiable promissory note. As the non-suit was entered on the ground that plaintiff’s proofs differ from his allegations, some detailed statement of the case seems necessary. The note, so far as now material, was as follows:

“2,000.00 Pottsville, Pa., July 3rd, 1929.

“Ninety days after date I promise to pay to the order of H. S. Zimmerman two thousand dollars, payable at Miners National Bank without defalcation for value received. William L. Fehr.” It was…