Homewood Peoples Bank v. McCutcheon
Supreme Court of Pennsylvania
Appeal, No. 94, Oct. T., 1919, by plaintiff, from judgment of C. P. Allegheny Co., July T., 1914, No. 1500, on verdict for defendant in case of Homewood Peoples Bank v. W. A. McCutcheon. Assumpsit on a promissory note. Before Shaper, P. J. The note in question was made by W. A. McCutcheon to the order of himself, and endorsed over to the plaintiff bank. The note was really made for the accommodation of Joseph R. Pauli, whose name, however did not appear on it, in any way.
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Appeal, No. 94, Oct. T., 1919, by plaintiff, from judgment of C. P. Allegheny Co., July T., 1914, No. 1500, on verdict for defendant in case of Homewood Peoples Bank v. W. A. McCutcheon. Assumpsit on a promissory note. Before Shaper, P. J. The note in question was made by W. A. McCutcheon to the order of himself, and endorsed over to the plaintiff bank. The note was really made for the accommodation of Joseph R. Pauli, whose name, however did not appear on it, in any way. Further facts appear by the opinion of the Supreme Court. Verdict and judgment for defendant. Plaintiff appealed. Error…
1Opinion of the Court
Per Curiam,
The note upon which this action was brought, dated June 12, 1903, was made by the appellee for the accommodation of Joseph R. Pauli, who at the time was president of the plaintiff bank. After the statute had run against the obligation, Pauli made payments on it, but not as agent of the appellee, and the latter did nothing acknowledging his continued liability. As to him the payments made by Pauli were insufficient to toll the statute: Coleman v. Fobes, 22 Pa. 156; Clark v. Burn et al., 86 Pa. 502; Wesner v. Stein and Greenawalt, 97 Pa. 322.
Judgment affirmed.
2Cases cited3 opinions
- Wesner v. Stein & GreenawaltSupreme Court of Pennsylvania · 1881
- Clark v. BurnSupreme Court of Pennsylvania · 1878
- Coleman v. FobesSupreme Court of Pennsylvania · 1853
3Cited by4 opinions
- White v. Pittsburgh Vein Coal Co.Supreme Court of Pennsylvania · 1920
- Dick v. Daylight Garage, Inc.Supreme Court of Pennsylvania · 1939
- Fowler v. Barlow Et Ux.Supreme Court of Vermont · 1929
- Cumana Investments S.A. v. Fluor Corp.District Court, D. Delaware · 1984