Citizens N. Bank v. Piollet
Supreme Court of Pennsylvania
ERROR TO THE COURT OF COMMON PLEAS OF BRADFORD COUNTY. No. 166 January Term 1889, Sup. Ct.; court below, No. 811 September Term 1887, C. P. On June 16,1887, the Citizens N. Bank of Towanda brought assumpsit against Victor E. Piollet. Issue.
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ERROR TO THE COURT OF COMMON PLEAS OF BRADFORD COUNTY. No. 166 January Term 1889, Sup. Ct.; court below, No. 811 September Term 1887, C. P. On June 16,1887, the Citizens N. Bank of Towanda brought assumpsit against Victor E. Piollet. Issue. At the trial on November 20, 1888, before Wilson, P. J., 4th judicial district, the plaintiff offered in evidence a note, indorsed by the defendant and protested for non-payment, which read as follows, the memorandum in the margin being written in red ink: 4 J g o ¡3 £ % ^ '2 m 1 § § jj g 3 | I'g ^ |1| $500. Towanda, Pa., Feb. 20, 1887. Three months after…
1Opinion of the Court
Opinion,
Mr. Justice Green:
This is an action against the indorser of a promissory note. He is sued upon his contract of indorsement and not upon any other or independent special contract in relation to that indorsement. His liability therefore in the present action must be the technical liability of an indorser or the suit must fail. The note itself, without the written memorandum which appears upon its face, is a complete and perfect obligation of a negotiable character; and if the written memorandum were not there, we know of no reason why there should not be a recovery against the defendant…
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