Legal Opinion

Whipple v. Lewis

Superior Court of Pennsylvania

Decided February 28, 1920No. Appeal, No. 296PublishedCited by 3 opinions

Appeal, No. 296, Oct. T., 1919, by plaintiff, from judgment of C. P. Bradford County, Dec. T., 1915, No. 50, on verdict for the defendant in tbe case of C. P. Whipple v. C. J. Lewis. Assumpsit on promissory note. Before Maxwell, P. J. The facts are stated in the opinion of the Superior Court. Error assigned was the charge of the court and refusal to grant a new trial.

1Opinion of the Court

Opinion by

Linn, J.,

Appellant complains that the effect of the verdict is that he was not a holder in due course, — that he did not take the note in good faith for value without notice of defect in the title of the payee negotiating it, — and he suggests two grounds for reversal: (1) that a new trial was refused; (2) that the charge was wrong.

The payee of the note was the Harris Player Piano Company, Inc., which delivered it to appellant; the note was in renewal of another three months’ note made by appellee to the same payee. The record shows substantially the same facts here before, when we…

2Cases cited4 opinions

  1. Adams v. AshmanSupreme Court of Pennsylvania · 1902
  2. Lerch Hardware Co. v. First National BankSupreme Court of Pennsylvania · 1885
  3. Schultheis v. SellersSupreme Court of Pennsylvania · 1909
  4. Whipple v. LewisSuperior Court of Pennsylvania · 1918

3Cited by3 opinions

  1. First Nat. Bk., Wmsbg., for Use v. SmithSuperior Court of Pennsylvania · 1938
  2. Cardillo v. TorquatoSuperior Court of Pennsylvania · 1947
  3. Cardillo v. Torquato Bros., Pennsylvania Court of Common Pleas, Somerset County1946

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