Matawan Tile Co. v. Golden
Superior Court of Pennsylvania
Appeal, No. 40, March T., 1913, by plaintiff, from judgment of C. P. Lackawanna Co., June T., 1912, No. 439, sustaining demurrer to statement of claim in case of Matawan Tile Company v. Anthony F. Golden, William F. McGee, Peter C. Barrett, Thomas P. Gordon, A. N. Russo, M. Russo, Bernard F. Golden and M. C. Collins, lately trading under the firm or partnership name, style and title of Russo Brothers & Company, and the Scranton Tile Company.
Read the full summary
Appeal, No. 40, March T., 1913, by plaintiff, from judgment of C. P. Lackawanna Co., June T., 1912, No. 439, sustaining demurrer to statement of claim in case of Matawan Tile Company v. Anthony F. Golden, William F. McGee, Peter C. Barrett, Thomas P. Gordon, A. N. Russo, M. Russo, Bernard F. Golden and M. C. Collins, lately trading under the firm or partnership name, style and title of Russo Brothers & Company, and the Scranton Tile Company. Demurrer to statement of claim in action of assumpsit. The note upon which the suit was based was in the following form: “ Scranton, Pa., Jan. 22, 1912.…
1Opinion of the Court
Per Curiam,
Notwithstanding the earnest and plausible argument of the appellant’s counsel we think the action must' be regarded as based on the note set forth in the statement of claim. Therefore the question is presented whether a *435joint action lies against the maker and the irregular indorser of a promissory note. We find nothing in the negotiable instrument act of 1901 which changes the law upon that subject as declared in Fawcett v. Fell, 77 Pa. 308, and Wolf v. Hostetter, 182 Pa. 292. True, that act declares that where a person, not otherwise a party to an instrument places thereon his…
2Cases cited3 opinions
- Fawcett v. FellSupreme Court of Pennsylvania · 1875
- Alldred's EstateSupreme Court of Pennsylvania · 1911
- Wolf v. HostetterSupreme Court of Pennsylvania · 1897
3Cited by2 opinions
- Lehigh National Bank v. SeyfriedSupreme Court of Pennsylvania · 1925
- Matawan Tile Co. v. RussoSuperior Court of Pennsylvania · 1918