Castellano v. Bitkower

Samuel Bitkower appeals a judgment in the Lancaster County District Court on a verdict in favor of Rocco Castellano for $53,000, as a result of an action on two lost promissory notes. We reverse and remand for a new trial.

On September 17, 1980, Castellano filed his petition alleging the following: On August 19, 1975, Bitkower made two promissory notes payable to Castellano on demand; one note was for $26,000, while the other was for $30,000; the notes were lost or stolen in December 1975; Bitkower had made payments of $3,000, namely, $1,000 paid on July 27, 1978, and $2,000 paid on October 8,…