Willis v. Finley
Supreme Court of Pennsylvania
Appeal, No. 154, Oct. T., 1895, by plaintiffs, from judgment of C. P. No. 1, Allegheny County, March T., 1894, No. 733, on verdict for defendant. Assumpsit to recover the amount of an unpaid check.
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Appeal, No. 154, Oct. T., 1895, by plaintiffs, from judgment of C. P. No. 1, Allegheny County, March T., 1894, No. 733, on verdict for defendant. Assumpsit to recover the amount of an unpaid check. Before Stowe, P. J. At the trial it appeared that in November, 1893, W. P. Willis & Co., appellants of the city of New York, placed in the hands of A. C. Johnston, their attorney in Pittsburg, for collection, an account against P. M. Finley, amounting to $475, in payment of which on December 12, 1893, Johnston received from Mr. Finley, through his attorney, A. C. Spindler, Esq., a cheek for that…
1Opinion of the Court
Opinion by
Mr. Chief Justice Sterrett,
The undisputed facts of this case bring it within the principles of Loux & Son v. Fox et al., 171 Pa. 68. For reasons given in that case, we think due diligence was exercised in presenting the check in question for payment; and hence the learned court erred in directing a verdict for the defendant. There appears to be nothing in the case that requires extended comment.
Judgment reversed and a venire facias de novo awarded.
2Cases cited1 opinion
- S. A. Loux & Son v. FoxSupreme Court of Pennsylvania · 1895
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