Baker v. Small
Superior Court of Pennsylvania
Appeal, No. 22, March T., 1901, by defendant, from judgment of C. P. Franklin Co., Dec. T., 1900, No. 27, on verdict for plaintiff in case of John L. Baker, Guardian, v. H. M. Small. Assumpsit on a promissory note. The facts are fully stated in the opinion of the Superior Court. The court gave binding instructions for the plaintiff. Verdict and judgment for plaintiff for $181.60. Defendant appealed. Error assigned amongst others was (1) in directing the verdict for plaintiff.
1Opinion of the Court
Opinion by
Rice, P. J.,
This was an action of assumpsit brought by John L. Baker guardian of Lewis Baker, Mary Baker and Ida Baker against H. M. Small on a promissory note drawn in the following form :
“ Mont Alto, Pa., May 8, 1896.
“ One year after date we or either of us promise to pay to John L. Baker or order the sum of one hundred and two and 34-100 dollars, the same being money in trust with interest from date for value received.
“ E. J. Small.
“H. M. Small.”
*425As was indicated on its face John L. Baker took the note in trust, and the admitted fact is, that the money represented by it was due to…
2Cases cited7 opinions
- Rathbone v. . HooneyNew York Court of Appeals · 1874
- Commercial National Bank v. HenningerSupreme Court of Pennsylvania · 1884
- Fegley v. McDonaldSupreme Court of Pennsylvania · 1879
- Campbell v. ShermanSupreme Court of Pennsylvania · 1892
- Kline's AppealSupreme Court of Pennsylvania · 1878
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3Cited by7 opinions
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